Sec. 531-101. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this section.
Animal means any living, nonhuman vertebrate creature.
Animal care and control division means the animal care and control division of the department of public safety.
At large means not confined without means of escape of any portion of the animal's body in a pen, corral, yard, cage, house, vehicle or other secure enclosure, unless on a leash and under the control of a competent human being.
Colony means a group of one (1) or more free-roaming cats, whether unmanaged or managed.
Colony caretaker means a person who provides food, water and shelter for free-roaming cats in a managed colony.
Crime prevention dog means and includes a dog that is trained and used by its owner or keeper primarily for the protection of persons or property, or both.
Dangerous animal means any animal that:
(1)
Would constitute a danger to human life or property if it were not kept in the manner required by this chapter;
(2)
Has caused serious injury to a person without having been provoked by that person;
(3)
At a place other than its owner's or keepers property has:
a.
Chased or approached a person in a menacing fashion or apparent attitude of attack; or
b.
Attacked another domestic animal; or
(4)
Because of its training or behavior, is capable of inflicting physical harm or death to humans.
Dog means and includes animals of the Canis familiaris species, and hybrids of a Canis familiaris and any other member of the Canis genus, including wolves.
Domestic animals means rabbits, cattle, horses, ponies, mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats and poultry.
Exposed to rabies means an animal has been exposed to rabies if it has been bitten by or been in contact with any animal known or reasonably suspected to have been infected with rabies.
Free-roaming cat means any homeless, stray, wild or untamed cat.
Kennel means a facility operated commercially and principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats, or both. For purposes of this chapter, kennel shall not include a facility in or adjoining a private residence where dogs or cats are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property shall not make such property a kennel for the purposes of this chapter.
Law enforcement animal means an animal that is owned or used by a law enforcement agency for the purpose of aiding in the detection of criminal activity, enforcement of laws, the apprehension of offenders and ensuring the public welfare.
Managed colony means a colony of free-roaming cats that is registered with the animal care and control division or its designee and is maintained by a colony caretaker using trap, neuter, return methodology.
Monitored means that the animal:
(1)
Is controlled by means of a leash or other device held by a competent person, subject to the provisions of sections 531-401 and 531-728, which animal is sufficiently near the owner or handler as to be under his or her direct control and is obedient to that person's command;
(2)
Is on or within a vehicle being driven or parked; or
(3)
Is confined as required by this chapter.
Nonbite exposure means and includes scratches, abrasions, open wounds or mucous membranes contaminated with saliva or other potentially infectious material from a rabid animal.
Own means to keep, harbor or have custody, charge or control of an animal, and owner means and includes any person who owns an animal; however, veterinarians and operators of kennels, pet shops and stables, as those terms are defined in Chapter 836 of this Code, who temporarily keep animals owned by, or held for sale to, other persons shall not be deemed to own or be owners of such animals, but rather to be keepers of animals, and colony caretakers of managed colonies of free-roaming cats shall not be deemed to be owners or keepers of such animals.
Person means and includes any individual, corporation, partnership or other association or organization, but shall exclude the following for purposes of section 531-401:
(1)
Police officers, federal or state armed forces, park rangers, game wardens, conservation officers and other such governmental agencies, with respect to actions that constitute a discharge of their official duties; and
(2)
An individual, partnership, corporation or other association, organization, or institution of higher education, which is registered as a research facility with the United States Secretary of Agriculture under 7 USC § 2131 et seq., commonly known as the "Animal Welfare Act," while engaged in the course of their performance as such.
Provoke means the infliction of bodily harm on the animal or another person, or conduct that constitutes a substantial step toward the infliction of bodily harm on the animal or another person.
Public safety board means the board of public safety of the department of public safety.
Serious injury means any injury that results in permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of a bodily member or organ.
Quarantining authority means the department of public safety, its contractors, agents, employees and designees, acting under directives and regulations of the Health and Hospital Corporation of Marion County or the state board of animal health.
Shelter means the animal care and control facility located at 2600 South Harding Street in the City.
Veterinarian means a person licensed to practice veterinary medicine in the state.
Wild animal means and includes:
(1)
A Class III wild animal for which a state permit is required under 310 IAC 3.1-11-8 and/or IC 14-22-26; and
(2)
A venomous snake, poisonous amphibian, or other large reptile.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 15, 2000, § 2; G.O. 100, 2005, § 1; G.O. 94, 2006, § 1; G.O. 86, 2008, § 1; G.O. 116, 2009, § 1)
Cross reference— Definitions generally, ch. 102.
Sec. 531-102. Animals at large prohibited; penalties.
(a)
An owner or keeper of an animal commits a violation of the Code if that animal is at large in the city.
(b)
Except as provided in subsection (c) of this section, section 531-501 or section 531-727, the first violation in any twelve-month period shall be subject to an admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of the Code. All subsequent violations in a twelve-month period are subject to the enforcement procedures provided in section 103-3 of the Code and a fine of not less than one hundred dollars ($100.00) per violation.
(c)
If, while the animal is at large in violation of this section at a location other than its owner's or keeper's property or in the public right-of-way, it:
(1)
Attacks another animal; or
(2)
Chases or approaches a person in a menacing fashion or apparent attitude of attack;
then the violation shall be subject to the enforcement procedures and penalties provided in section 103-3 of the Code, and the fine imposed shall not be less than two hundred and fifty dollars ($250.00), or five hundred dollars ($500.00) if another animal or person is injured as a result of the animal's actions. If the violation results in serious injury to any person, the court upon request shall order the animal forfeited and/or destroyed.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 97, 2004, § 1; G.O. 94, 2006, § 1; G.O. 86, 2008, § 1; G.O. 116, 2009, § 1)
Sec. 531-103. Confinement of female animals in heat.
The owner or keeper of any female animal in heat kept in the city shall confine the animal within a secure enclosure and in such a manner as to prevent it from becoming a nuisance.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Sec. 531-104. Keeping swine.
It shall be unlawful for a person to keep swine on premises in the consolidated city and county, unless such premises are stockyards, slaughterhouses, or other premises where the keeping or raising of livestock is permitted by county zoning ordinances.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 1)
Sec. 531-105. Keeping horses, ponies, mules, donkeys, jackasses, and llamas.
It shall be unlawful for a person to own, keep, or breed a horse, pony, mule, donkey, jackass, or llama in the consolidated city and county on premises which measure less than eight thousand (8,000) square feet in a lot area per animal, unless such premises are registered as a stable under Chapter 836 of this Code.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 1)
Sec. 531-106. Report of vehicular collision with domestic animal.
A person whose vehicle causes injury or death to a domestic animal in the city shall stop at once, assess the extent of the injury to the extent that it is safe to do so, and immediately notify the animal's owner, if known, or the animal care and control shelter, either directly or through a local law enforcement agency, together with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained. Such person shall not be required to report his or her name, as the only purpose of this requirement is to aid the stricken animal and notify its owner, if any.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Cross reference— Traffic, ch. 441; motor vehicles, ch. 611.
Sec. 531-107. Custody and disposition of dead animals.
It shall be unlawful for a person to allow the body, or parts thereof, of any dead animal to be kept, held, or disposed of in violation of this section, as follows:
(1)
No public or private carrier shall either transport any dead animal through or into the city, or allow it to remain in or on any of its cars, vehicles, tracks or places controlled by it, in either instance longer than five (5) hours;
(2)
No person who operates a slaughterhouse, butcher shop or other place in the city shall permit any parts of offal of dead animals that are not fit and intended for use as food to accumulate or be kept on such premises for over twenty-four (24) hours after being received, or after the death of such animal;
(3)
No person shall skin, dismember, dissect, cut up or dispose of the body of a dead animal, or any parts thereof in the city, unless the person is regularly engaged in such business of killing and disposing of such animals for use as food or otherwise, and is so authorized by law, or does so for the person's own use; and
(4)
No person shall possess, keep, use or dispose of anywhere in the city, a dead animal or parts thereof, or offal of a live animal in any manner that creates offensive odors or sights, or constitutes a public nuisance which affects health and comfort in any respect.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Cross reference— Garbage, trash and refuse, ch. 601.
Sec. 531-108. Disposition of dead animals by the city.
The city department of public works upon request may provide to persons or entities the service of picking up dead animal bodies and body parts and the lawful disposition of them. When the city department of public works picks up dead animal bodies or parts from places other than the city streets and rights-of-way, it shall charge a fee of six dollars ($6.00) per separate body part for this service.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Cross reference— Garbage, trash and refuse, ch. 601.
Sec. 531-109. Owner responsibility for animal attacks.
(a)
An owner or keeper of an animal commits a violation of the Code if that animal attacks and injures a person who did not provoke the animal prior to the attack.
(b)
It shall be a defense to prosecution under this section if:
(1)
The attack occurred in an enclosure in which the animal was confined without means of escape, there was posted at the main entrance of the enclosure a notice to beware of the animal, and the person attacked entered the enclosure without invitation; or
(2)
The person was attacked during the commission or attempted commission of a criminal act on the property of the owner or keeper of the animal.
(c)
A person who violates any provision of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than five hundred dollars ($500.00). If the violation results in the animal causing serious injury to any person, the court upon request shall order the animal forfeited and/or destroyed.
(d)
The liability imposed by this section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at IC 15-5-12, et seq. or by common law.
(G.O. 97, 2004, § 2; G.O. 94, 2006, § 1; G.O. 86, 2008, § 2; G.O. 116, 2009, § 1)