HARRISON COUNTY ANIMAL CONTROL
ORDINANCE 2005-01
Phone 812-738-8163
Fax 812-738-7079
3132 Hope Lane
Corydon, IN 47112
Email: [email protected]
HARRISON COUNTY ORDINANCE 2005-01
AN ORDINANCE REGARDING THE OPERATION SO OF AN ANIMAL CONTROL FACILITY AND THE CONTROL, CARE AND DISPOSITION OF ANIMALS IN
HARRISON COUNTY, INDIANA
WHEREAS, there exists in Harrison County, Indiana, a need for an ordinance regarding the protection f an animal control facility and control and maintenance of animals for the general health, safety and welfare of the citizens of Harrison County; and
WHEREAS, there exists a need in Harrison County, Indiana for an ordinance for the control and maintenance of domesticated animals to ensure the humane care and treatment of said animals; and
WHEREAS, the Harrison County Board of Commissioners as the executive and legislative authority of Harrison county, Indiana has been empowered to enact ordinance for the health, safety and welfare of Harrison County and its citizens.
NOW THEREFORE, BE ORDAINED by the Harrison County Board of Commissioners as follows:
ORDINANCE 2005-01
Phone 812-738-8163
Fax 812-738-7079
3132 Hope Lane
Corydon, IN 47112
Email: [email protected]
HARRISON COUNTY ORDINANCE 2005-01
AN ORDINANCE REGARDING THE OPERATION SO OF AN ANIMAL CONTROL FACILITY AND THE CONTROL, CARE AND DISPOSITION OF ANIMALS IN
HARRISON COUNTY, INDIANA
WHEREAS, there exists in Harrison County, Indiana, a need for an ordinance regarding the protection f an animal control facility and control and maintenance of animals for the general health, safety and welfare of the citizens of Harrison County; and
WHEREAS, there exists a need in Harrison County, Indiana for an ordinance for the control and maintenance of domesticated animals to ensure the humane care and treatment of said animals; and
WHEREAS, the Harrison County Board of Commissioners as the executive and legislative authority of Harrison county, Indiana has been empowered to enact ordinance for the health, safety and welfare of Harrison County and its citizens.
NOW THEREFORE, BE ORDAINED by the Harrison County Board of Commissioners as follows:
SECTION 1. DEFINITIONS
For the purposes of this ordinance the following definitions shall apply, unless the context clearly otherwise indicates, or request a different meaning:
(a) "Abandonment" means to deposit, leave, drop off or otherwise dispose of any live domestic animal on any public or private property.
(b) "Adequate Enclosure" means any pen, cage, kennel or suitable enclosure to prevent the escape of a dangerous animal, such enclosure must be kept locked to prevent entry by anyone other than the owner or keeper of the animal.
(c) "Animal" means any live, vertebrate creature, domestic or wild, including but not limited to dogs, cats, and those domesticated animals most often kept and regard as pets by their Owners.
(d) "Animal Control Facility" means the facility operated and maintained by Harrison County for humane restraint, impound and disposing of animals seized under the authority of this ordinance.
(e) "Animal Control Officer" means the officer to whom authority has been delegated by the Board of Commissioners of Harrison County to enforce the provisions of this and any other related ordinance. Said Officer shall be an employee of Harrison County.
(f) "At Large" means elsewhere than premises under the ownership, control or possession of the owner and either
(1) not restrained by a leash, or
(2)not under the immediate and complete physical control of a person capable of Controlling such animal.
(g) "Cat" means any domestic member of the feline family of animals.
(h) "Dangerous Animal" means any animal which, without provocation, attacks or injures a person peaceably conducting themselves in a place where he or she may lawfully be. Dangerous animals shall also include any animal which because of its size, vicious propensity or other characteristic, would constitute a danger to human life, property or domestic animals if not restrained or kept in a safe and adequate enclosure.
(i) "Dog" means any domestic member of the canine family of animals.
(j) "Exposure to Rabies" means the situation that exists when an animal has been bitten or otherwise has been in contact with any other animal known to be, or reasonably suspected of being infected with rabies.
(k) "Harboring" means the action of any person that permit any animal habitually to remain or lodge or to be feed within his/her home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days.
(l) "Impoundment" means to take custody or possession of an animal.
(m) "Owner" means any person, firm or corporation owning o having the care, Possession or control of any animal;
(n) "Proper Shelter" means a shelter that has four sides, one side shall have an opening large enough for the animal to enter the shelter. The shelter shall have a floor and a roof, which does not leak. the shelter must be large enough for the animal to stand and comply erect without touching the top of the shelter and must allow the animal to turn completely around and stretch out completely when lying down.
(o) "Public Nuisance" means any animal that molest passerby or passing vehicles, attack other animals, damage public or private property, bark, whine or howl in an excessive untimely or continuous fashion so as to disturb the public.
(p) "Reliable Restraint" means any leash, line, chain or other restraint that is capable of keeping an animal attached to a moving or fixed point without allowing the escape of the animal by chewing, gnawing or maneuvering out of the restraint.
(q) "Violation" means any person or persons who knowingly or intentionally breaches any provision of this ordinance.
For the purposes of this ordinance the following definitions shall apply, unless the context clearly otherwise indicates, or request a different meaning:
(a) "Abandonment" means to deposit, leave, drop off or otherwise dispose of any live domestic animal on any public or private property.
(b) "Adequate Enclosure" means any pen, cage, kennel or suitable enclosure to prevent the escape of a dangerous animal, such enclosure must be kept locked to prevent entry by anyone other than the owner or keeper of the animal.
(c) "Animal" means any live, vertebrate creature, domestic or wild, including but not limited to dogs, cats, and those domesticated animals most often kept and regard as pets by their Owners.
(d) "Animal Control Facility" means the facility operated and maintained by Harrison County for humane restraint, impound and disposing of animals seized under the authority of this ordinance.
(e) "Animal Control Officer" means the officer to whom authority has been delegated by the Board of Commissioners of Harrison County to enforce the provisions of this and any other related ordinance. Said Officer shall be an employee of Harrison County.
(f) "At Large" means elsewhere than premises under the ownership, control or possession of the owner and either
(1) not restrained by a leash, or
(2)not under the immediate and complete physical control of a person capable of Controlling such animal.
(g) "Cat" means any domestic member of the feline family of animals.
(h) "Dangerous Animal" means any animal which, without provocation, attacks or injures a person peaceably conducting themselves in a place where he or she may lawfully be. Dangerous animals shall also include any animal which because of its size, vicious propensity or other characteristic, would constitute a danger to human life, property or domestic animals if not restrained or kept in a safe and adequate enclosure.
(i) "Dog" means any domestic member of the canine family of animals.
(j) "Exposure to Rabies" means the situation that exists when an animal has been bitten or otherwise has been in contact with any other animal known to be, or reasonably suspected of being infected with rabies.
(k) "Harboring" means the action of any person that permit any animal habitually to remain or lodge or to be feed within his/her home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days.
(l) "Impoundment" means to take custody or possession of an animal.
(m) "Owner" means any person, firm or corporation owning o having the care, Possession or control of any animal;
(n) "Proper Shelter" means a shelter that has four sides, one side shall have an opening large enough for the animal to enter the shelter. The shelter shall have a floor and a roof, which does not leak. the shelter must be large enough for the animal to stand and comply erect without touching the top of the shelter and must allow the animal to turn completely around and stretch out completely when lying down.
(o) "Public Nuisance" means any animal that molest passerby or passing vehicles, attack other animals, damage public or private property, bark, whine or howl in an excessive untimely or continuous fashion so as to disturb the public.
(p) "Reliable Restraint" means any leash, line, chain or other restraint that is capable of keeping an animal attached to a moving or fixed point without allowing the escape of the animal by chewing, gnawing or maneuvering out of the restraint.
(q) "Violation" means any person or persons who knowingly or intentionally breaches any provision of this ordinance.
SECTION 2. ANIMAL CONTROL FACILITY
The Animal Control Facility shall be managed, operated and maintained by the Animal Control Officer under the authority and control of the Harrison County Board of Commissioners.
The Animal Control Facility shall be managed, operated and maintained by the Animal Control Officer under the authority and control of the Harrison County Board of Commissioners.
SECTION 3. POWERS OF ANIMAL CONTROL OFFICER
The Animal Control Officer and authorized personnel of the animal control family shall have the following powers:
(a) Destroy any dangerous, vicious, or ferocious animal found at large which cannot be safely captured and impounded by ordinary means, except that every reasonable effort shall be made to avoid destroying an animal which as bitten or is suspected of having bitten a person or which appears to have rabies. If the destruction of the animal cannot be reasonably avoided, the said authorized against shall attempt to destroy the animal in such a manner so as to preserve the head there of intact.
(b) To confine and destroy any animal showing clinical symptoms of rabies for laboratory diagnosis.
(c) To confine any animal suspected of having rabies.
(d) To confine any animal that has bitten or otherwise exposed a person to rabies.
(e) To destroy any animal that has bitten or otherwise exposed a person to rabies.
(f) To carry out all ordered for confinement or destruction of any animal issued by the County Health Officer, State veterinary, or by any court having jurisdiction in Harrison County, Indiana.
The Animal Control Officer and authorized personnel of the animal control family shall have the following powers:
(a) Destroy any dangerous, vicious, or ferocious animal found at large which cannot be safely captured and impounded by ordinary means, except that every reasonable effort shall be made to avoid destroying an animal which as bitten or is suspected of having bitten a person or which appears to have rabies. If the destruction of the animal cannot be reasonably avoided, the said authorized against shall attempt to destroy the animal in such a manner so as to preserve the head there of intact.
(b) To confine and destroy any animal showing clinical symptoms of rabies for laboratory diagnosis.
(c) To confine any animal suspected of having rabies.
(d) To confine any animal that has bitten or otherwise exposed a person to rabies.
(e) To destroy any animal that has bitten or otherwise exposed a person to rabies.
(f) To carry out all ordered for confinement or destruction of any animal issued by the County Health Officer, State veterinary, or by any court having jurisdiction in Harrison County, Indiana.
SECTION 4. ADDITIONAL POWERS
The Animal Control Officer and authorized personnel of Harrison County shall have the power to seize and impound:
(a) Any animal at large s described n Section 1 (f).
(b) Any animal which has bitten or is suspected to having bitten a person or which appears to have rabies, wherever such animal may be found, and any such animal shall be impounded for not less than (10) days.
(c) Any animal not confined, as provided in Section 8(c).
(d) Any animal not inoculated, licensed and tagged as provided in Indiana Law.
(e) Upon order of the court following a conviction of any person for violating any provision of this Ordinance.
The Animal Control Officer and authorized personnel of Harrison County shall have the power to seize and impound:
(a) Any animal at large s described n Section 1 (f).
(b) Any animal which has bitten or is suspected to having bitten a person or which appears to have rabies, wherever such animal may be found, and any such animal shall be impounded for not less than (10) days.
(c) Any animal not confined, as provided in Section 8(c).
(d) Any animal not inoculated, licensed and tagged as provided in Indiana Law.
(e) Upon order of the court following a conviction of any person for violating any provision of this Ordinance.
SECTION 5. REDEMPTION AND DISPOSITION
(a) Any healthy animal seized or impounded for being at large may be redeemed by the owner or other person, as authorized herein, at any time prior to the disposition of such animal under Section 6 herein and upon showing that such animal has a current license and rabies vaccination tag, and upon the payment to Harrison County of the applicable charges, as set forth it eh Animal Control Facility Fee Schedule, which is attache to this ordinance. Said fee schedule shall be amended from time to time by the Commissions of Harrison County at their discretion and upon the request and petition of an Officer of the Animal Control Facility.
(b) Any animal seized or impounded for any reason who appears to any duly licensed veterinarian to have any infectious or contagious disease, other than rabies may be destroyed forth with.
(c) Any animal impounded pursuant to Section 3 shall be confined at the Animal Control Facility or, at the discretion of the animal Control Officer, confined at the owner's premises in a secure place not accessible to the public. The Animal Control Officer shall have continuing authority and discretion to remove any privately confined animal to the Animal Control Facility at any time. At the expiration of up to 10-day period, the animal may be redeemed at the discretion of the Animal Control Officer by the owner or other person as provided herein, upon the showing that the animal has a current License Tag and Rabies Vaccination Tag, and any payment to Harrison County the applicable fee for the confinement period.
(a) Any healthy animal seized or impounded for being at large may be redeemed by the owner or other person, as authorized herein, at any time prior to the disposition of such animal under Section 6 herein and upon showing that such animal has a current license and rabies vaccination tag, and upon the payment to Harrison County of the applicable charges, as set forth it eh Animal Control Facility Fee Schedule, which is attache to this ordinance. Said fee schedule shall be amended from time to time by the Commissions of Harrison County at their discretion and upon the request and petition of an Officer of the Animal Control Facility.
(b) Any animal seized or impounded for any reason who appears to any duly licensed veterinarian to have any infectious or contagious disease, other than rabies may be destroyed forth with.
(c) Any animal impounded pursuant to Section 3 shall be confined at the Animal Control Facility or, at the discretion of the animal Control Officer, confined at the owner's premises in a secure place not accessible to the public. The Animal Control Officer shall have continuing authority and discretion to remove any privately confined animal to the Animal Control Facility at any time. At the expiration of up to 10-day period, the animal may be redeemed at the discretion of the Animal Control Officer by the owner or other person as provided herein, upon the showing that the animal has a current License Tag and Rabies Vaccination Tag, and any payment to Harrison County the applicable fee for the confinement period.
SECTION 6. DISPOSITION OF ANIMALS
Any impounded animal that does not have any identification and which is not redeemed within five (5) days after the first day of impounding may be destroyed or disposed of by suitable and humane means; provided, that in the case of an animal impounded pursuant to sub-section (b) of Section 4, such animal shall not be destroyed or disposed of until after the expiration of a period of ten (10) days from the first day of impounding.
Any impounded animal that does have any identification and which is not redeemed within seven (7) days after the first day of impounding may be destroyed or disposed of by suitable and humane means; provided, that in the case of an animal impounded pursuant to sub-section (b) of Section 4, such animal shall not be destroyed or disposed of until after the expiration a period of ten (10) days from the first day of impounding.
Any impounded animal that does not have any identification and which is not redeemed within five (5) days after the first day of impounding may be destroyed or disposed of by suitable and humane means; provided, that in the case of an animal impounded pursuant to sub-section (b) of Section 4, such animal shall not be destroyed or disposed of until after the expiration of a period of ten (10) days from the first day of impounding.
Any impounded animal that does have any identification and which is not redeemed within seven (7) days after the first day of impounding may be destroyed or disposed of by suitable and humane means; provided, that in the case of an animal impounded pursuant to sub-section (b) of Section 4, such animal shall not be destroyed or disposed of until after the expiration a period of ten (10) days from the first day of impounding.
SECTION 7. MOTOR VEHICLE
Any person operating a motor vehicle from which the vehicle strikes a domestic animal within the limits of Harrison County shall promptly report such occurrence to the Animal Control Officer or to the local law enforcement agency with a description of such animal, the location where such occurrence too place, and WITH CAUTION make and give an estimate of the condition f the animal. Any penalty associated with an office related to this section shall be paid by the owner of the animal.
Any person operating a motor vehicle from which the vehicle strikes a domestic animal within the limits of Harrison County shall promptly report such occurrence to the Animal Control Officer or to the local law enforcement agency with a description of such animal, the location where such occurrence too place, and WITH CAUTION make and give an estimate of the condition f the animal. Any penalty associated with an office related to this section shall be paid by the owner of the animal.
SECTION 8. CARE OF ANIMALS
(a) Every owner of an animal within Harrison County shall provide at all times that such animal or animals:
(1) Are kept in a clean, sanitary and healthy manner;
(2) Have proper and adequate food, water, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move abut freely.
(b) Animals confined through the use of rope, chain, or cable must have unobstructed freedom of movement of a minimum of six feet in an arc of 180 degrees.
(c) Every un neutered female dog or cat in heat shall be confined in a secure enclosure in such a manner that such female cannot come into contact with another animal except for planned breeding purpose.
(d) It shall be unlawful for any owner to beat, cruelly ill-treat, mutilate, torment, overload, overwork, or otherwise abuse an animal or cause, instigate, or permit any dogfight or other combat between animals as defined in Section 1(b) or between animals and humans.
(e) Are maintained in compliance with all applicable Federal, State and local laws and with all regulation in regard to animal care
and control that are adopted from time to time by Harrison County and the state of Indiana.
(a) Every owner of an animal within Harrison County shall provide at all times that such animal or animals:
(1) Are kept in a clean, sanitary and healthy manner;
(2) Have proper and adequate food, water, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move abut freely.
(b) Animals confined through the use of rope, chain, or cable must have unobstructed freedom of movement of a minimum of six feet in an arc of 180 degrees.
(c) Every un neutered female dog or cat in heat shall be confined in a secure enclosure in such a manner that such female cannot come into contact with another animal except for planned breeding purpose.
(d) It shall be unlawful for any owner to beat, cruelly ill-treat, mutilate, torment, overload, overwork, or otherwise abuse an animal or cause, instigate, or permit any dogfight or other combat between animals as defined in Section 1(b) or between animals and humans.
(e) Are maintained in compliance with all applicable Federal, State and local laws and with all regulation in regard to animal care
and control that are adopted from time to time by Harrison County and the state of Indiana.
SECTION 9. PUBLIC NUISANCE
It shall be unlawful to harbor or keep any animal that is a public nuisance. No owner shall fail to exercise proper care and control of his/her animals so as to prevent the following action by them:
(a) Molesting of passerby;
(b) Chasing of passing vehicles;
(c) Attacking other domestic animals;
(d) Trespassing upon private or public property, or school grounds;
(e) Damaging private property
(f) Habitual barking or loud and continued noise which causes serious annoyance or disturbance to the neighborhood; or
(g) Unnecessarily foul or noxious odors which offend people in the neighborhood.
It shall be unlawful to harbor or keep any animal that is a public nuisance. No owner shall fail to exercise proper care and control of his/her animals so as to prevent the following action by them:
(a) Molesting of passerby;
(b) Chasing of passing vehicles;
(c) Attacking other domestic animals;
(d) Trespassing upon private or public property, or school grounds;
(e) Damaging private property
(f) Habitual barking or loud and continued noise which causes serious annoyance or disturbance to the neighborhood; or
(g) Unnecessarily foul or noxious odors which offend people in the neighborhood.
SECTION 10. ANIMALS RUNNING AT LARGE
No person shall allow any animal which he/she owns or harbors to run at large within the county. Nor shall any person harbor an animal within the County, anyone harboring an animal as defined in this ordinance shall become the owner of that animal and shall therefore be liable for that animal, as its owner under the proviiions of this ordinance. If addition to, or in lieu of impounding an animal at large, if the owner of the animal is known, the Animal Control Officer or Police Officer may issue a notice of ordinance violation to the owner.
However, it is provided that working dogs, such as lead dogs, guard dogs, farm dogs, hunting dogs and other such dogs which are actively engaged in actions for which such dogs are trained, need not be under restraint when under reasonable control of its owner.
No person shall allow any animal which he/she owns or harbors to run at large within the county. Nor shall any person harbor an animal within the County, anyone harboring an animal as defined in this ordinance shall become the owner of that animal and shall therefore be liable for that animal, as its owner under the proviiions of this ordinance. If addition to, or in lieu of impounding an animal at large, if the owner of the animal is known, the Animal Control Officer or Police Officer may issue a notice of ordinance violation to the owner.
However, it is provided that working dogs, such as lead dogs, guard dogs, farm dogs, hunting dogs and other such dogs which are actively engaged in actions for which such dogs are trained, need not be under restraint when under reasonable control of its owner.
SECTION 11. SEIZING ANIMALS AT LARGE
In the event that an animal is discovered running at large either on public property, or on property not owned by the owner of the animal, then:
(a) It shall be lawful for any person to seize, restrain and control such animal and immediately call the Animal Control Officer to retrieve the animal from the person who discovered the animal.
(b) However, 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.
In the event that an animal is discovered running at large either on public property, or on property not owned by the owner of the animal, then:
(a) It shall be lawful for any person to seize, restrain and control such animal and immediately call the Animal Control Officer to retrieve the animal from the person who discovered the animal.
(b) However, 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 12. HUMANE TREATMENT REQUIRED
(a) No Owner shall fail to provide his/her animals with good and wholesome food and water daily; a clean, sanitary and healthy environment; proper shelter and protection form the weather; veterinarian care when needed;
(b) No dog shall be kept on any restraint less than ten (10) feet in length. This restraint is to be kept untangled as to allow full access the entire length of the restrain.
(c) No person shall knowingly expose any poisonous substance or toxic chemical so that the same shall be likely to be eaten by any animals, provided that it shall not be unlawful for a person to expose, on his/her property, common rat poison made only with vegetable substance.
(d) It shall be unlawful fore 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 to is afflicted with contagious disease to be exposed in any place of public access. this is no meant to interfere with the daily operation of the animal control Facility or Veterinary clinics.
(a) No Owner shall fail to provide his/her animals with good and wholesome food and water daily; a clean, sanitary and healthy environment; proper shelter and protection form the weather; veterinarian care when needed;
(b) No dog shall be kept on any restraint less than ten (10) feet in length. This restraint is to be kept untangled as to allow full access the entire length of the restrain.
(c) No person shall knowingly expose any poisonous substance or toxic chemical so that the same shall be likely to be eaten by any animals, provided that it shall not be unlawful for a person to expose, on his/her property, common rat poison made only with vegetable substance.
(d) It shall be unlawful fore 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 to is afflicted with contagious disease to be exposed in any place of public access. this is no meant to interfere with the daily operation of the animal control Facility or Veterinary clinics.
SECTION 13. ABANDONMENT
It shall be unlawful for any person to abandon any domestic animal upon any public place, including the right -of-way of any public highway, or upon the property of another.
It shall be unlawful for any person to abandon any domestic animal upon any public place, including the right -of-way of any public highway, or upon the property of another.
SECTION 14. ANIMALS IN HEAT
Every female dog/cat in heat, not spayed or neutered, shall be confined in a building or secure enclosure in such manner that such female dog or cat cannot come in contact with another animal except for planned breeding.
Every female dog/cat in heat, not spayed or neutered, shall be confined in a building or secure enclosure in such manner that such female dog or cat cannot come in contact with another animal except for planned breeding.
SECTION 15. POSSESSION OF DANGEROUS ANIMAL
(a) Whenever an Animal control Officer or Police Officer determines upon personal observation and investigation that an animal is a dangerous animal as defined in this ordinance, the officer, shall notify the owner or any person having custody or control of said dangerous animal in writing or by verbal communication.
(b) No person shall allow any dangerous animal to be on any private or public property other than the property owned by the owner or keeper of the animal, unless such animal is securely muzzled and leashed or caged. Adequate safeguards shall be taken to prevent unauthorized access to a dangerous animal on the owner or keeper's property by person lawfully be on the property.
(c) Any person owning or keeping a dangerous animal which has a propensity to attack without provocation or has been determined to be dangerous shall provide an adequate enclosure as defined in this ordinance.
(d) Any owner or keeper of an animal which as been determined dangerous shall be given seven (7) days notice to comply with provision (c) above. For each day past the seven (7) day compliance allowance that the owner or keeper do not comlpy; the owner or keeper of the danger animal will be fined up to 0ne-hundrend dollars ($100.00) per day.
(a) Whenever an Animal control Officer or Police Officer determines upon personal observation and investigation that an animal is a dangerous animal as defined in this ordinance, the officer, shall notify the owner or any person having custody or control of said dangerous animal in writing or by verbal communication.
(b) No person shall allow any dangerous animal to be on any private or public property other than the property owned by the owner or keeper of the animal, unless such animal is securely muzzled and leashed or caged. Adequate safeguards shall be taken to prevent unauthorized access to a dangerous animal on the owner or keeper's property by person lawfully be on the property.
(c) Any person owning or keeping a dangerous animal which has a propensity to attack without provocation or has been determined to be dangerous shall provide an adequate enclosure as defined in this ordinance.
(d) Any owner or keeper of an animal which as been determined dangerous shall be given seven (7) days notice to comply with provision (c) above. For each day past the seven (7) day compliance allowance that the owner or keeper do not comlpy; the owner or keeper of the danger animal will be fined up to 0ne-hundrend dollars ($100.00) per day.
SECTION 16. RABIES CONTROL AND PREVENTION
(a) Anyone who knowingly or intentionally harbors a dog over age of six (6) months and not imunized against rbies commits harboring a non-immunized dog. See Ind. Code 35-46-3-1.
(b) Anyone found to be in violation of the provision shall be fined $20. Provided said dog has been impounded, said fine shall be paid to the Animal Control Facility prior to its release. Vet will immunize on premises prior to releasing; Owner shall reimburse cost of immunization.
(c) No owner of any dog/cat over the age of six months shall keep or maintain any dog/cat unless it has been vaccinated by a licensed veterinarian with anti-rabies vaccine.
(d) Proof of vaccination shall be maintained by the owner for display if requested by an Animal Control Officer, Police Officer or an employee of the county Health Department.
(e) If a non-immunized animal is believe to have rabies or been bitten by an animal that is suspected of having rabies, such animal shall be impounded by the County Animal Control Officer or his agent, and placed under observation by the Animal Control Officer for the County Health Department. If suspected animal is impounded it will be at the expense of the there for a period of not less than 10 days.
(f) No person knowing or suspecting an animal of having rabies shall allow such animal to be taken off his premises or beyond the limits of the county without the written permission of the County Health Officer or his designee.
(g) Every owner, or other person, upon ascertaining an animal is rabid, shall immediately notify the County Health Officer or County Animal control Officer, who shall either impound the animal or destroy it, if said animal must be destroyed it shall be done in such a manner that the head can be preserved for testing, in accordance with all applicable laws.
(a) Anyone who knowingly or intentionally harbors a dog over age of six (6) months and not imunized against rbies commits harboring a non-immunized dog. See Ind. Code 35-46-3-1.
(b) Anyone found to be in violation of the provision shall be fined $20. Provided said dog has been impounded, said fine shall be paid to the Animal Control Facility prior to its release. Vet will immunize on premises prior to releasing; Owner shall reimburse cost of immunization.
(c) No owner of any dog/cat over the age of six months shall keep or maintain any dog/cat unless it has been vaccinated by a licensed veterinarian with anti-rabies vaccine.
(d) Proof of vaccination shall be maintained by the owner for display if requested by an Animal Control Officer, Police Officer or an employee of the county Health Department.
(e) If a non-immunized animal is believe to have rabies or been bitten by an animal that is suspected of having rabies, such animal shall be impounded by the County Animal Control Officer or his agent, and placed under observation by the Animal Control Officer for the County Health Department. If suspected animal is impounded it will be at the expense of the there for a period of not less than 10 days.
(f) No person knowing or suspecting an animal of having rabies shall allow such animal to be taken off his premises or beyond the limits of the county without the written permission of the County Health Officer or his designee.
(g) Every owner, or other person, upon ascertaining an animal is rabid, shall immediately notify the County Health Officer or County Animal control Officer, who shall either impound the animal or destroy it, if said animal must be destroyed it shall be done in such a manner that the head can be preserved for testing, in accordance with all applicable laws.
SECTION 17. ANIMAL BITES
(a) If any person or animal is a victim of an animal bite, the victim or witness shall immediately notify an animal Control Officer, County Health Officer, Police Officer of the incident, and prove a description of the animal and identification, if possible, of the owner. When an animal is determined to have bitten a person or another animal, the animal shall be confined in quarantine for a period of 10 days, with the exact duration subject to the judge to the County Health Officer or his designee.
(b) If the owner of the biting animal has proof of current rabies inoculation, the animals may be left in the charge of the owners under quarantine unless, in the judgement of the County Health Officer, it should be removed to the Animal Control Facility for the period of observation. the length of observation shall not be less than 10 days from the date that bite occurred.
(c) The owner shall be liable for cost incurred in the quarantine of the animal and for any person and property damage relate to the incident.
(d) If the ownership of the biting animal cannot be determined, if the owner does not furnish roof of current rabies inoculation, or if the owner fail to securely confine the animal as require, the animal shall be impound for the period observation.
(a) If any person or animal is a victim of an animal bite, the victim or witness shall immediately notify an animal Control Officer, County Health Officer, Police Officer of the incident, and prove a description of the animal and identification, if possible, of the owner. When an animal is determined to have bitten a person or another animal, the animal shall be confined in quarantine for a period of 10 days, with the exact duration subject to the judge to the County Health Officer or his designee.
(b) If the owner of the biting animal has proof of current rabies inoculation, the animals may be left in the charge of the owners under quarantine unless, in the judgement of the County Health Officer, it should be removed to the Animal Control Facility for the period of observation. the length of observation shall not be less than 10 days from the date that bite occurred.
(c) The owner shall be liable for cost incurred in the quarantine of the animal and for any person and property damage relate to the incident.
(d) If the ownership of the biting animal cannot be determined, if the owner does not furnish roof of current rabies inoculation, or if the owner fail to securely confine the animal as require, the animal shall be impound for the period observation.
SECTION 18. IMPOUNDMENT PERIOD
(a) Impounded dogs/cats with identification tags (licenses) shall be kept for not less than seven (7) days to permit their owner to claim them. After the seven day period has elapsed, these animals shall be placed for adoption or euthanized if their owners have not claimed them and paid the required fees.
(b) Impounded dogs/cats without identification tags (licenses) shall be kept for not less than five (5) days. After the five day period has elapsed, these animals shall be placed for adoption or euthanized if their owners have not claimed them and paid the required fees.
(c) Nothing in this provision is meant to interfere with IC 35-46-3-6. Furthermore the allotted amount of time an animal is kept will be determined by available space and individual circumstance. All decisions shall be made by the Animal Control Officer and shall be deemed final.
(a) Impounded dogs/cats with identification tags (licenses) shall be kept for not less than seven (7) days to permit their owner to claim them. After the seven day period has elapsed, these animals shall be placed for adoption or euthanized if their owners have not claimed them and paid the required fees.
(b) Impounded dogs/cats without identification tags (licenses) shall be kept for not less than five (5) days. After the five day period has elapsed, these animals shall be placed for adoption or euthanized if their owners have not claimed them and paid the required fees.
(c) Nothing in this provision is meant to interfere with IC 35-46-3-6. Furthermore the allotted amount of time an animal is kept will be determined by available space and individual circumstance. All decisions shall be made by the Animal Control Officer and shall be deemed final.
SECTION 19. CRUELTY TO AN ANIMAL
Mistreatment of animals is prohibited under this ordinance. Accordingly, it shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable any animal. However, this does not apply if a person is being attacked by a vicious animal.
Furthermore, it shall be unlawful for any person to incite, stage or set any animal to fighting within the County.
Mistreatment of animals is prohibited under this ordinance. Accordingly, it shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable any animal. However, this does not apply if a person is being attacked by a vicious animal.
Furthermore, it shall be unlawful for any person to incite, stage or set any animal to fighting within the County.
SECTION 20. HEALTH AND SAFETY
The Animal Control Facility and its agents shall only be responsible to handle animal carcasses which have been preserved in a state to prevent decomposition of the animal carcass. Carcasses which are in an unhealthy state and may constitute a health hazard due to the state of decomposition, are not required to be disposed by the Animal Control facility, but may be disposed of at the discretion of the Animal Control Officer.
The Animal Control Facility and its agents shall only be responsible to handle animal carcasses which have been preserved in a state to prevent decomposition of the animal carcass. Carcasses which are in an unhealthy state and may constitute a health hazard due to the state of decomposition, are not required to be disposed by the Animal Control facility, but may be disposed of at the discretion of the Animal Control Officer.
SECTION 21. NOTICE TO OWNER
In the event that an impounded animal is wearing a License tag, the Animal Control Facility will make reasonable effort to contact the animal owner.
In the event that an impounded animal is wearing a License tag, the Animal Control Facility will make reasonable effort to contact the animal owner.
SECTION 22. ENFORCEMENT
(a) The Animal Control Officer shall keep a record of all animals impounded in the County Animal Control facility, which record shall show the date of impoundment, the reason thereof, the name and address of the person bringing the animal to the facility, and the species, sex, color, breed and any identifying collars, tags or marks of the animal impounded.
(b) It shall be a violation of this Ordinance to interfere with the Animal Control Officer, an employee of Harrison County, or any law enforcement officer in the performance of their duties hereunder.
(c) Upon information sufficient to establish a violation of the provision of this Ordinance, the Animal Control Officer or any law enforcement office may issue the person committing such violation or to the owner of person having custody or control of any animal involved in such violation either.
(1) An official warning; or
(2) A Notice of Ordinance Violation
An official warning shall state the name of the person to whom the warning is being issued, the nature of the violation, the date of the violation and other pertinent information concerning the violation. Such official warning shall also state that it is only a warning and not to notice to appear to answer to such a violation.
A Notice of Ordinance Violation shall state the name of the person to whom the notice is being issued, the nature of the violation the specific section of the Ordinance which as been violated, the date of the violation, and any other, information which is pertinent to the violation and its disposition. The Notice of violation shall additionally instruct the person to whom the notice is being issued the date, time and place before whom he or she shall appear to respond to such notice and the procedures for admitting or denying a violation.
(a) The Animal Control Officer shall keep a record of all animals impounded in the County Animal Control facility, which record shall show the date of impoundment, the reason thereof, the name and address of the person bringing the animal to the facility, and the species, sex, color, breed and any identifying collars, tags or marks of the animal impounded.
(b) It shall be a violation of this Ordinance to interfere with the Animal Control Officer, an employee of Harrison County, or any law enforcement officer in the performance of their duties hereunder.
(c) Upon information sufficient to establish a violation of the provision of this Ordinance, the Animal Control Officer or any law enforcement office may issue the person committing such violation or to the owner of person having custody or control of any animal involved in such violation either.
(1) An official warning; or
(2) A Notice of Ordinance Violation
An official warning shall state the name of the person to whom the warning is being issued, the nature of the violation, the date of the violation and other pertinent information concerning the violation. Such official warning shall also state that it is only a warning and not to notice to appear to answer to such a violation.
A Notice of Ordinance Violation shall state the name of the person to whom the notice is being issued, the nature of the violation the specific section of the Ordinance which as been violated, the date of the violation, and any other, information which is pertinent to the violation and its disposition. The Notice of violation shall additionally instruct the person to whom the notice is being issued the date, time and place before whom he or she shall appear to respond to such notice and the procedures for admitting or denying a violation.
SECTION 23. PROHIBITIONS AND PENALTIES
(a) Any person violates the provisions of this ordinance and who appears at the designated office (Animal Control Facility) within ten (10) days of the date of the "Notice of Ordinance violation" shall either admit or deny the violation. If admitted, the violator shall pay the applicable civil penalty provided in the Schedule of Civil Penalties, attached to this Ordinance. This Schedule may be modified from time to time by the Commissioners of Harrison County.
(b) If the person served with a Notice of Violation fails to appear at the Animal Control Facility within ten (10) days of the date of the Notice of Ordinance Violation having been issued, such violation shall be filed with the Harrison County Superior Court and such violator shall be summoned to appear before said court.
(c) If the person served with an Notice of Violation timely enters a denial of the violation, the violation shall be referred to the Board of Commissioner Attorney and a complaint for violation or ordinance shall be fined on the ordinance violations docket of Harrison Superior Court.
(d) Upon finding a person in violation of the Ordinance, the court shall enter a judgment for Harrison County against the violator in an amount not less than the penalty prescribed above not more than One Thousand Dollars ($1,000.00)
(e) If any violation be continuing, each day's violation shall be deemed a separate violation and subject to penalty as such..
(f) All court and attorney costs associated wit the collection of violation penalties through the court shall be borne by the violator of the ordinance.
(g) All fines collected under this Ordinance shall be placed in a non- reverting fund for the operation of the Animal control facility to be administered by the Harrison County Council.
(a) Any person violates the provisions of this ordinance and who appears at the designated office (Animal Control Facility) within ten (10) days of the date of the "Notice of Ordinance violation" shall either admit or deny the violation. If admitted, the violator shall pay the applicable civil penalty provided in the Schedule of Civil Penalties, attached to this Ordinance. This Schedule may be modified from time to time by the Commissioners of Harrison County.
(b) If the person served with a Notice of Violation fails to appear at the Animal Control Facility within ten (10) days of the date of the Notice of Ordinance Violation having been issued, such violation shall be filed with the Harrison County Superior Court and such violator shall be summoned to appear before said court.
(c) If the person served with an Notice of Violation timely enters a denial of the violation, the violation shall be referred to the Board of Commissioner Attorney and a complaint for violation or ordinance shall be fined on the ordinance violations docket of Harrison Superior Court.
(d) Upon finding a person in violation of the Ordinance, the court shall enter a judgment for Harrison County against the violator in an amount not less than the penalty prescribed above not more than One Thousand Dollars ($1,000.00)
(e) If any violation be continuing, each day's violation shall be deemed a separate violation and subject to penalty as such..
(f) All court and attorney costs associated wit the collection of violation penalties through the court shall be borne by the violator of the ordinance.
(g) All fines collected under this Ordinance shall be placed in a non- reverting fund for the operation of the Animal control facility to be administered by the Harrison County Council.
SECTION 24. EFFECTIVE DATE
The ordinance shall be in full force and effective from and after its passage and publication in accordance with law of the state of Indiana.
ADOPTED this 12th day of February, 2005.
By: John R Eckart
John R. Eckart, President
James Goldman
Jame Goldman, Commissioner
Jim Heitkmper
Jim Heitkemper, Commissioner
ATTEST: Patricia A Wolfe
Patricia A Wolfe, Auditor
The ordinance shall be in full force and effective from and after its passage and publication in accordance with law of the state of Indiana.
ADOPTED this 12th day of February, 2005.
By: John R Eckart
John R. Eckart, President
James Goldman
Jame Goldman, Commissioner
Jim Heitkmper
Jim Heitkemper, Commissioner
ATTEST: Patricia A Wolfe
Patricia A Wolfe, Auditor
SCHEDULE OF CIVIL PENALTIES
CIVIL PENALTIES
CIVIL PENALTIES
Violations First Violation Second Violation Third Violation
within 12 months of same or subsequent violation within or other provisions of Ordinance 12 months of same
or other Provisions of Ordinance
within 12 months of same or subsequent violation within or other provisions of Ordinance 12 months of same
or other Provisions of Ordinance
Section 13. Abandonment $20 $50 $100
Section 10. Animals running at large $0 $50 $100
Section 14. Animals in heat, not confined $20 $50 $100
Section 12. Humane Treatment $50 $100 $250
(food, water and shelter)
Section9. Animal creating a nuisance $20 $50 $100
Section 17. rabies Control and Prevention $50 $100 $200
Animal bites
Section 16. Rabies Control and Prevention $20 $50 $75
(a) Non- Immunized Animal
Section 16. Rabies Control and Prevention $20 $35 $70
(b) Vaccinations
$
Section 15. Confinement of Vicious dog/cat $25 $50 $150
Section 7. Motor Vehicle Striking dog/cat $20 $50 $100
Section 9 Cruelty $50 $100 $100
Section 15. Dangerous Animal SEE SECTION 15 SUB-SECTION (D)
Section 10. Animals running at large $0 $50 $100
Section 14. Animals in heat, not confined $20 $50 $100
Section 12. Humane Treatment $50 $100 $250
(food, water and shelter)
Section9. Animal creating a nuisance $20 $50 $100
Section 17. rabies Control and Prevention $50 $100 $200
Animal bites
Section 16. Rabies Control and Prevention $20 $50 $75
(a) Non- Immunized Animal
Section 16. Rabies Control and Prevention $20 $35 $70
(b) Vaccinations
$
Section 15. Confinement of Vicious dog/cat $25 $50 $150
Section 7. Motor Vehicle Striking dog/cat $20 $50 $100
Section 9 Cruelty $50 $100 $100
Section 15. Dangerous Animal SEE SECTION 15 SUB-SECTION (D)