HomeMy WebLinkAbout05-16-13 SBACC Special Commitee - 2013 Ordinance Revisions
CHAPTER 91: ANIMAL CONTROL
Section
General Provisions
91.001Definitions
91.002Provisions are supplemental to state, city, and county laws
91.003Schedule of fees for Department of Animal Control
Animal Care Rules and Regulations
91.015Adequate shelter, food and water to be provided
91.016Necessary medicalor groomingcare; provided when needed
91.017Animals andEnclosures to be kept in sanitary condition
91.018Removal of excrement
91.019Livestock
91.020Restraint of animals
91.021Fastening animals with rope or chain; choker collar
91.022Cruelty to animals;CompanionAnimal Hoarding
91.023Animal fights prohibited
91.024Prohibited animal events
91.025Poisonous bait
91.026Abandonment of animals
91.027Trapping
91.028Public nuisance animals
91.029Animals as prizes or inducements
91.030Dying or staining animals; animals as novelties
91.031Injury caused by motor vehicle to animals
91.032Animals in vehicles
91.033Lost or stray animals
91.034Dangerous animals
91.035Biting animals; report; procedure
91.036Wild or exotic animals
91.037Training methods
91.038Destruction of animals
91.039Dangerous wild or dangerous exotic animals
91.040Habitual animal offender
Registration and Commercial Permits
91.050Pet registration required; exception; tags; microchip implant
91.051Application for registration or permits
91.052Fees
91.053ReinspectionAppeal; denial or revocation of permit
91.054Kennel/cattery permits
91.055Major breeder's permit
91.056Minor breeder's permit;sale of underageanimals prohibited
91.057Veterinary hospitals/clinics
91.058Grooming shop permit
91.059Pet shop permit
91.060Circuses, animal concessions and animal event
91.061Zoological parks
91.062Exception
Dogs and Cats; Specific Requirements
91.075Vaccination required; tags
91.076Dogs or catsin heat
91.077Noisy dogs
91.078Sale of puppies and kittens
Destruction of Animals
91.090Definition
91.091Substances permitted for use
91.092Person authorized to destroy animals
91.093Assurance of death prior to disposal
91.094Funding
Administration and Enforcement
91.105Director of Public Safety/Animal Control Commission
91.106Interfering with enforcement
91.107Impoundment; redemption
91.108Inspections
91.109Disposition of money
Rental Horses
91.120Definitions
91.121Permits and administration
91.122Housing/stable premises
91.123Regulations
91.124Excepted from coverage
91.999Penalty
GENERAL PROVISIONS
§ 91.001DEFINITIONS.
For the purpose of this code, the following definitions shall apply unless the context clearly
indicates or requires a differentmeaning:
ADEQUATE SHELTER.
A structure designed specifically to shelter an animalthat allows an
animal to maintain its body heat, with a roof, structuredsolidfloorand three sides free of leaks
or openings to the wind and rain, and a fourth side allowing access that is protected from the
elements.The structure is physically located in a dry area allowing the animal dry keeping and
access outside the structure to dry ground that is mud free. Livestockrequire a structure with
three sides and a roof designed to protect from the elements.
ALTERED ANIMAL.
An animal that has been operated on to prevent it from procreating.
ANIMAL.
Any living vertebrate, domestic or wild, except a human being.
ANIMAL CONCESSION.
Any person, group of persons, partnership, or corporation who
for compensation has any animal available for hire or on display.
ANIMAL CONTROL COMMISSION
.The Animal Control Commissionshall be an
advisory Commission with regard to policy and fiscal decisions affecting the Department of
Animal Control.
ANIMAL EVENT.
Display, activity or show of wild or domestic animals in a shopping
center, retail establishment, adjacent lot, or elsewhere.
ANIMAL FIGHTING PARAPHERNALIA.
Equipment or items used to train or condition
animals for participation in an animal fighting contest or materials to promote animal fighting,
the breeding of animals specifically for the purpose of fighting, train animals for fighting, or to
track the results of animal fights.
ANIMAL WELFARE ORGANIZATION.
Any not-for-profit organization for the prevention
of cruelty to animals incorporated under state laws.
ATTACK.
Where the animal exhibits one or more of the following behaviors, including, but
not limited to: snarling, biting, baring teeth, chasing, growling, barking, snapping, pouncing,
lunging.
AUCTION.
Any place or facility where animals are regularly bought, sold or traded, except
for those facilities otherwise defined in this chapter or by state law.
BREEDER.
Any person who intentionally or accidentally causes the breeding of a cat or dog
or makes a cat or dog available for breeding purposes, or any person who offers for sale, sells,
trades, receives other compensation or gives away any litter of dogs or cats; excepting a litter of
dogs or cats taken to the Department of Animal Control.
CATTERY.
Any person or group of persons, partnership or corporation engaged in keeping
more than one unaltered cat or more than seven cats total.
CIRCUS.
A commercial variety show including animal acts for public entertainment.
ANIMAL HOARDER
. Any person who:
(1)Possesses eight or moreanimals;
(2)Fails to or is unable to provide what he or she is required to provide adequate food,
potable water, and/or sanitary environment
(3)Keeps the animals in anovercrowded environment; and
(4)Has a reckless disregard for the conditions under which the animals are living and the
deleterious impact they have on the animals’ health and well-being.
DANGEROUS WILDDANGEROUS EXOTIC ANIMAL.
or A wild or exotic animal, not
indigenous to the State of Indiana, not commonly found as a domestic animal, that would create
apotential risk to public safety including but not limited to bears, wolves, lions, tigers, jaguars,
leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes,
baboons, macaques,or any hybrid of like animal.
DEPARTMENT OF ANIMAL CONTROLDEPARTMENT.
or The municipally owned
facility established for the purpose of animal control, care and disposition, as set forth in this
chapter, operated by and under the direct supervision of the Director of the Division of Public
Safety and the Shelter Manager.
DIRECTOR.
The Director of the Division of Public Safety for the city.
GROOMING SHOP.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
GUIDE DOGS.
Dogs trained to assist the handicapped.
KENNEL.
Any person, group of persons, partnership or corporation engaged in keeping more
than one unaltered dog, more than five dogs, or the business of boarding, or training for a fee, or
grooming.
MICROCHIP IMPLANT.
A passive electronic device that is injected into an animal by
means of a pre-packaged sterilized implanting device for purposes of identification and/or the
recovery of animals by their owners.
MICROCHIP READER.
An electronic device that detects any implanted microchip.
OWNER.
A person having the right of propertyownershipor custodya dog or catrights of an
animalor who keeps or harborsa dog or catan animalor knowingly permitsa dog or catan
animalto remain on or about any premisesowned oroccupied by that person.
PERSON.
An individual, firm, corporation or commercial establishment.
PET.
Any animal owned or harbored by any person, group of persons, partnership or
corporation, except guide dogs, or police or canine governmental dogs.
PET SHOP.
Any person, group of persons, partnership or corporation, whether operated
separately or in connection with another business enterprise, except a licensed cattery, kennel or
breeders, that buys, sells or offers for sale any species of animal, wholesale or retail.A
permanent physical structure specifically designed and ventilated for the overnight and long-term
housing and sale of animals both wholesale and retail.
PROHIBITED EVENT.
Promoters, organizers, or other event coordinators determine it
necessary to prevent animals from being present during the event to ensure public safety
PUBLIC NUISANCE.
Any animal which:
(1)Interferes with a pedestrian(s) or a passing vehicle(s) or
(2)Attacks another animal or a person(s) or
(3)Trespasses on a school property or
(4)Is at large or legally not or
(5)Damages private or public property or
(6) Barks, whines, howls or makes other sounds common to its species in excess,
continuously for 15 minutes or for an aggregate 20 minutes in a one-hour period or
(7) Any event that poses a public safety risk by having animals present as declared by
FWPD in conjunction with the event organizers will be publicized as a prohibited event.
RABIES VACCINATION.
The injection, by a licensed veterinarian, of a dog, cat or
other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State
Board of Animal Health.
RESTRAINT.
Any animal secured by a leash or lead, or under the physical control of the
animal's owner or attending party, or within the real property limits of its owner.
RIDING SCHOOLSTABLE.
or Any place which has available for hire, boarding or riding
instruction, any horse, pony, donkey, mule or burro.
RODEO.
A performance featuring bronco riding, steer wrestling, calf roping, greased pig
contest or bull riding.
SHELTER MANAGER.
The Shelter Manager for the Fort Wayne Department of Animal
Control.
VETERINARY HOSPITAL.
Any establishment maintained and operated by a licensed
veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of
diseases and injuries of animals.
WILD ANIMAL.
Any living vertebrate animal normally found in the wild state.
ZOOLOGICAL PARK.
Any permanent facility or operation other than a pet shop, displaying
or exhibiting one or more species of non-domestic animals, operated by a person, partnership,
corporation or government agency. ('74 Code, § 6-1)(Ord. G-14-81, passed 9-22-81; Am. Ord.
S-22-86, passed 2-25-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-16-95, passed 6-13-
95; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-03-06, passed 2-28-06; Am. Ord. G-37-07,
passed 12-11-07)
§ 91.002PROVISIONS ARE SUPPLEMENTAL TO STATE, CITY, AND
COUNTY LAWS.
The provisions of this chapter supplement all laws of the state and county ordinances
covering the same subject matter.
('74 Code, § 6-25)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-18-03, passed 5-27-03)
§ 91.003SCHEDULE OF FEES FOR DEPARTMENT OFANIMAL
CONTROL.
(A)The fee schedule for the Department of Animal Control is hereby approved and ratified
as follows:
Return to OwnerFee
First redemption$ 10$15
Second redemption30$50
Third redemption(and subsequent)75
Fourth redemption (and subsequent)100
Daily boarding fee after10
legal hold*
Medical (vaccination)Prophylactic 5
Vaccination& Dewormer
Pain Medication/Antibiotics$2/dose
Flea Treatment $10/dose
Feline/canine distemper25
or Bordetella Medical:Rabies
vaccination
Trap deposit (wildlife and dog)50
Trap rental (per day)1
Pick-up of an owned animal25
Dead wild pick up (small)10
Euthanasia by 1520
request of owner
10 day quarantine (per day/cat)10
10 day quarantine (per day/dog)15
Microchip fee15
Adoption (dog)85
Adoption (puppy)100
Adoption (cat)65
Small mammalsanimals105
Small bird10
Rabbit2010
Large bird or exotic bird75
Small reptile10
Med/Lrg reptile40
Protective Custody ImpoundFee
Reasons of fire, death, accident, acts of n/c for first
God, etc.three days
then $10 per
dayfor a cat
$15 per day
for a dog
Reasons of arrest, seized for abuse, 10/dayfor a
cruelty,abandonment, court case holds, cat $15 per
etc.day for a dog
Replacement pet registration (all 5
classifications)
UPS shipping of biting animals for 20
testing by state
*Owner's request that Animal Control hold stray animal longer than the three day stray period
must be approved by management.
* Adoption fees may be reduced based on available grants or special programming.
(B)Fees will be waived only at the discretion of management/supervisory personnel.
(C)Two copies of said fees are available for inspection in the office of the City Clerk and
are incorporated herein by reference.
(Ord. R-41-92, passed 9-24-92; Am. Ord. G-16-95, passed 6-13-95; Am. Ord. G-07-01, passed
4-24-01; Am. Ord. G-18-03, passed 5-27-03)
ANIMAL CARE RULES AND REGULATIONS
§ 91.015ADEQUATE SHELTER, FOOD AND WATER TO BE PROVIDED.
(A)No person shall confine or allow his or her animal to remain outsidefor more than 15
minutescontinuouslyfor more than 15 minuteswithout access to adequate shelter from the
elements.If an animal is to remain outside, a capable person must be present at the residence to
resolve the issue.('74 Code,§ 6-4(1))
('74 Code, § 6-4(1))
(B)All animals shall have fresh, potable drinking water and be provided with food that is
nutritional for the species in adequate amounts tomaintain good health. ('74 Code, § 6-4(3))
(Ord. G-14-81, passed 9-22-81; Am. Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed
8-26-86; Am. Ord. G-18-03, passed 5-27-03)Penalty, see § 91.999
§ 91.016NECESSARY MEDICAL CAREAND OR GROOMING NEEDS
(A)Any animaldeemed by FWACC staff to requiringrequiremedical evaluationdeemedby
FWACCmust be evaluated and treatedby a licensed veterinarian to maintain humane
care.Any treatment necessary shall be at the discretion of the veterinarian. Proof must be
provided.
(B)Any animal requiring groomingdeemed by FWACC staffto maintain humane standards
of care must show proof such grooming has been completed.
('74 Code, § 6-4(5))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)
§ 91.017ANIMALS &ENCLOSURES TO BE KEPT IN SANITARY
CONDITION.
All animalswherekept inside,orin a pen, tied, fastened, hitched, leased,leashed,or enclosed
by a fence shall be kept in a sanitary manner. The persons responsible for the animals shall
regularly and as often as necessary to prevent odor or health and sanitation problems, maintain
all animal areas or areas of animal contact.
('74 Code, § 6-4(7))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.018REMOVAL OF EXCREMENT.
Persons responsible for an animal shall immediately remove the animal's excrement from
public lands or from the property of another, excepting a blind person working with a guide dog.
('74 Code, § 6-4(6)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.019LIVESTOCK.
No person shall keep livestock in the city limitswithout full complianceunless permitted by
and in full compliancewith Chapter 157of this code.
('74 Code, § 6-4(24)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.020RESTRAINT OF ANIMALS.
All animals shall be properly restrained as defined in this chapter.
('74 Code, § 6-4(9)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.021FASTENING ANIMALS WITH ROPE OR CHAIN; CHOKER
COLLAR.
(A)No animal shall be hitched, tied or fastenedby any rope, chain or cord that is directly
attached to the animal's neck. Animals that must be tied, hitched or fastened to restrain them
must wear a properly fitted collar or harness made of leather or nylon, not of the chokertype.
Thisisnot to prohibit the proper use of choker collars in the training of animals.Thetying
deviceshallbeattachedto the animal's collar or harness and shall be at least six feet in length
and must have a swivel device on the anchor and collar end to prevent tangling.
(B)No person shall chain their dog using an agitation collar; a collar exceeding 1½ inches
wide for any dogunderless than60 pounds.Dogs over 60 pounds shall not be tethered using a
collar exceeding 2 inches in width.
(C)Ananimal that is tethered must have access to adequate shelter at all times.
(D)A person shall not chain or tether a dog with a chain or tether that weighs more than
one-eighth of the dog's body weight.
(E)A person shall not tether an animal in a manner that permits the animal to leave the
person's property.
(F)Tethering.It shall be unlawful:
(1)For any dog to be tethered between thehours of 11:00 p.m. and 6:00 a.m.
(2)To tether any unsterilized dog for any period of time.
(3)To tether or confine a dog at a vacant structure or premises for any purpose when it
is not monitored by an adult who is present at the property for the duration of such tethering or
confinement.
(4)To tether a dog under six months of age.
(5)For more than three dogs to be tethered simultaneously at the same residence.
(6)To have contact between tethered dogs.
(7)For tethered dogs to be within three feet of another person’s property, public
thoroughfare, and/or right-of-way.
(8)To tether a dog without access to adequate shelter at all times.
(G)Multiple tangling during tethering.If one or more dogs at a residence have required a
response from Animal Control to untangle tethers more than two times in one year, it shall be a
violation of this section.
('74 Code, § 6-4(2))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03; Am. Ord. G-37-07, passed 12-11-07)Penalty, see § 91.999
§ 91.022CRUELTY TO ANIMALS; COMPANIONANIMALHOARDING
(A)No person shall beat, cruelly treat, neglect, torment, overload, overwork, or otherwise
abuse any animal except that reasonable force may be employed to drive off vicious or
trespassing animals.
(B)It shall be a violation of this section to be companionanAnimal Hoarder as defined in this
chapter.
('74 Code, § 6-4(10)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.023ANIMAL FIGHTS PROHIBITED.
(A)No person shall permit or conduct any dogfight, cockfight, or other combat between
animals or between animals and humans.
(B)No person shall possess animal fighting paraphernalia AND a dog, cock, fowl, or bird
bearing a scar, wound or injury consistent with animal fighting.
(C)No person shall attend an animal fighting contest.
(D)No person shall sell, purchase, own, harbor, give away, barter, breed, or possess any
animal for animal fighting.
(E)No person shall permit anyone to use any building, shed, room, yard, ground, premises,
vehicle or property, whether enclosed or not for the purpose of animal fighting.
(F)No person shall aid, abet, assist, act as judge or referee, bet or wager money or other
valuable consideration on the outcome of, be at, attend, or in any way engage in the furtherance
of, an exhibition of animal fighting.
(G)Each animal affected by the defendant's conduct may constitute a separate count for the
purposes of prosecution, convictions, sentencing and penalties under this section.
('74 Code, § 6-4(11)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86;Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.024PROHIBITED ANIMAL EVENTS.
No person or group of persons or any for-profit or not-for-profit organization, whether for pay
or other compensation or for free promotional purpose, shall conduct or allow any event
involving contests between animals or persons using animals in any form or manner except those
events reviewed and approved for public safety and the safety, well-being, and comfort of the
animals involved by the Department of Animal Control.
('74 Code, § 6-4(25))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;
Am. Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03,
passed 5-27-03)Penalty, see § 91.999
§ 91.025POISONOUS BAIT.
No person shall set any type of poisonous substance or bait within the city limits that is
deemed harmful to any domestic animal; provided, however, that controlled programs under the
direction of the city Board of Health or a licensed extermination service may be excluded.
('74 Code, § 6-4(12) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord.G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.026ABANDONMENT.
(A)No person shall abandon or cause to be abandoned any animal anywhere within the city
limits in any public or private place, way or building.
(B)It shall be unlawful toNo person shall keep any animalat ain or about a building or
structure, or any portion there of any part of a building or structure, or anyon or about any
propertywithin city limitsthat is –unsafecreates unsafe conditionsto a person or animal,a
fire hazardhazardous or dangerous to the public, vacant and/or not maintained in a manner
that would allow human habitation and/or occupancy.
('74 Code, § 6-4(17))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§91.027TRAPPING.
Traps discovered by the Department of Animal Control to have been unlawfully set in the city
may be seized.
(Ord. G-20-90, passed 8-28-90; Am. Ord. G-18-03, passed 5-27-03) Penalty, see § 91.999
§ 91.028PUBLIC NUISANCE ANIMALS.
No person shall own or harbor a public nuisance as defined in this chapter.
('74 Code, § 6-4(18)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.029ANIMALS AS PRIZES OR INDUCEMENTS; SALE OF
UNDERAGE ANIMALS PROHIBITED.
(A)No person shall sell, offer for sale, trade, barter, or give away any live animal, fish, bird
or reptile as a prize for, or as an inducement to:enter a place of amusement; or offer such
vertebrate as an incentive to enteroranybusinessestablishmentor enter into any business
agreement whereby the offer was made for the purpose of attracting trade; for businessother
than establishmentswhose primary business isselling animalsas their primary business.('74
Code, § 6-4(20))
(B)No puppy or kitten that is under the age of eight weeks may be offered for sale, trade or
for other compensation or for free giveaway except a puppy or kitten or litter or litters may be
taken to the Animal Control Shelter.Private non-profitsGovernmental agencies orproviding
health, safety, or adoption promotions will be exemptfrominducements as described abovethe
provisions of subsection A as described above. Any events as listed in (A) will require all
necessary permitsand inspection.('74 Code, § 6-4(21)
(Ord. G-14-81,passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am. Ord. G-07-86, passed
2-11-86; Am.Ord.G-32-86,passed8-26-86; Am. Ord. G-18-03, passed 5-27-03)Penalty,
see§ 91.999
§ 91.030DYEING OR STAINING ANIMALS; ANIMALS AS NOVELTIES.
(A)No person shall sell, offer for sale, trade, or barter any animal whose appearance has
been chemically altered by dyes or staining.('74Code, § 6-4(22))
(B)No person or establishment shall sell, offer for sale, barter, or give away chicks,
goslings, ducklings or other fowl as pets or novelties.('74 Code,§ 6-4(23))
(Ord. G-14-81, passed 9-22-81; Am.Ord.S-208-85,passed 11-12-85;Am. Ord. G-07-86,
passed 2-11-86; Am.Ord.G-32-86,passed8-26-86; Am. Ord. G-18-03, passed 5-27-03)
Penalty,see § 91.999
§ 91.031INJURY CAUSED BY MOTOR VEHICLE TO ANIMALS.
Any person operating a motor vehicle who causes injury or death to an animal shall stop at
once, assess the extent of injury, and immediately notify the owner or animal control shelter of
the location of animal.
('74 Code, § 6-4(13)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.032 ANIMALS IN VEHICLES.
No animal shall be leftunattended inavehicle when the conditions in that vehicle would
constitute a health hazard to the animal.Conditions include but are not limited to extreme
temperatures (hot/cold), hazardous material, confinement, or lack of provisionswhich
jeopardizesthe safety of the animal.
('74 Code, § 6-4(14)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86,passed2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed
5-27-03)Penalty, see § 91.999
§ 91.033LOST OR STRAY ANIMALS.
(A)Persons finding a stray animal are to notify the Department of Animal Control within
48 hours. At the discretion of the department, the animal may be kept by the finder and a found
report left with the department, to enable the finder an opportunity to return the animal to its
rightful owner.
(B)Upon demand by the Department of Animal Control, any found animal will be
surrendered to the department and held for three working days, before a disposition is made.
(C)Persons finding an animal are obligated to comply with all rules and regulations of this
chapter pertaining to humane care and treatment of animals, while said animal is in their custody
awaiting return to its actual owner.
(D)With the exception of the Allen County S.P.C.A., the finder will be considered the
found animal's owner for the purposes of this chapter only after the animal is in the finder's
custody for 30 continuous days and has been presented for microchip scanning.
('74 Code, § 6-5)(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. S-22-86, passed 2-25-86; Am. Ord. G-18-03, passed 5-27-03)
§ 91.034DANGEROUS ANIMALS PROHIBITED.
(A)Potentially dangerous dogs.Classification of a dog as potentially dangerous shall be
based upon specific behaviors exhibited by the dog and defined injuries caused by the dog. These
levels are not a progression and nothing shall prohibit the court from starting at any level. For
purposes of this chapter, injuries and behaviors are defined in various levels of potentially
dangerous dogs.Upon finding by the court that a violation of this section has occurred the court
shall declare the behavior to fall within one of the following levels and impose upon the owner/
harborer of the dog the following conditions:
(1)Level 1 behavior is established if a dog isrunning at largenot legally restrainedand
causes injury to another animal or human that results in an oral scratch or less thenthanfour
punctures. Upon a finding by the court that this has occurred the court may impose a penalty
under § 91.999and shall order that:
(a)The dog shall bespayed or neutered.
(2)Level 2 behavior is established if the dog isrunning at largenot legally restrained
and causes injury to a domestic animalor humanthat may include moderate punctures(more
than 4)(fouror more),tearing or death.Upon a finding by the court that this has occurred the
court may impose a penalty under § 91.999and shall order that:
(a)The dog shall be spayed or neutered.
(b)Court ordered deferral mandatory, if available.
(3)Level 2 behavior may also be established if a dog is running at large and causes
injury to a human that is more then thanfour punctures. Upon a finding by the court that this has
occurred the court may impose a penalty under § 91.999and shall order that:
(a)Dog shall be spayed or neutered.
(b)Court ordered deferral mandatory, if available.
(c)No tethering if unattended by an adult or as prohibited by § 91.021(D).
(d)Confinement as directed in writing by FWACC.
(4)(3)Level 3 behavior is established if a dog isrunning at largenot legally restrained
and causes injury to a domestic animal that may include crushing, tearing, or deathor injury to a
human that results in deep punctures ( four or more) may include crushing or tears from shaking.
Upon finding by the court that this has occurred the court may impose a penalty under § 91.999
and shall order that: (a) The dog shall be spayed or neutered.
(b) Court ordered deferral mandatory, if available.
(c) No tethering if unattended by an adult or as prohibited by § 91.021(D)
(d) Humane muzzle and leash when off property.
(e) Confinement as directed in writing by FWACC.
(5)Level 3 behavior is established if a dog is running at large and causes injury to a
human that results in deep punctures (four or more) may include crushing or tears from shaking.
Upon a finding by the court that this has occurred the court may impose a penalty under § 91.999
and shall order that:
(a)The dog shall be spayed or neutered.
(b)Court ordered deferral mandatory, if available.
(c)No tethering if unattended by an adult or as prohibited by § 91.021(D)
(d)Humane muzzle and leash when off property.
(e)Confinement as directed in writing by FWACC.
(6)(4)Level 4. Repeat of any levels of classification offense will initiate a dangerous
dog investigation or an increase in classification of the dog.
(7)(5)Any owner/ harborer of a dog that has been identified as potentially dangerous
pursuant to this section is required to report any change of address to FWACC prior to moving
the dog.
(8)(6)Classification.If a dog is classified under this section as a Level 1, 2, 3, or 4
potentially dangerous dog the owner or harborer shall comply with the restrictions as defined in
this section. Failure to comply with the specified restrictions shall be a violation of this chapter
for which a fine may be imposed. Additionally, the director of FWACC shall have the authority
to impound and hold the dog pending disposition by the court.
(8)(7)Non-progression.Notwithstanding the foregoing sections, the Director of Animal
Control may elect to proceed directly to the charge of dangerous animal pursuant to division (B)
below.
(9)(8)Declassification of a potentially dangerous dog.Owner must contact the city to
begin declassifying their dog. A declassification fee will be assessed if the declassification
process is requested be the owner.The following conditions must be met:
(a)Level 1 dogs have been classified for one year without further violation of this
section and Level 2 dogs have been classified for three years without further violation of this
section; and
(b)The owner or harborer provides the Director with written certification of
satisfactory completion of obedience training for the dog classified.
(10)(9)When the owner or harborer of a potentially dangerous dog meets all of the
conditions in this section the restrictions for Level 1 and Level 2 classified dogs may be
removed. Dogs identified as a level 3 or 4 shall not be declassified.
(B)Dangerous animals prohibited.
(1)Ownership/possession prohibited.No person shall own, keep, or harbor a dangerous
animal within the city; provided this section shall not apply to animals under the control of a law
enforcement or military agency.An animal may be declared dangerous if it exhibits vicious
behavior in present or past conduct, including but notlimited to:
(a)Evidence that the animal has bitten or attacked a person and/or an animal three
times; or
(b)Did bite or attack, a person or an animal, once causing wounds or injuries
creating a potential danger to the health or life of the victim; or
(c)Could not be controlled or restrained at the time of a bite or attack upon an animal
or a person; or
(d)A dog that has been purchased, bred, sold, trained, or harbored for the purpose of
dog fighting; or
(e)The animal has been microchipped by a licensed veterinarian or the Department
of Animal Control for the purpose of determining a positive occurrence of a prior bite or attack.
(2)Costs and holding.The animal is to be held by the Department of Animal Care and
Control pending an investigation and adjudication pursuant to this section. The owner of any
animal which is impounded and/or euthanized under this section shall be held responsible for
payment of any expenses so incurred by the Department of Animal Control.
(3)Penalties.See § 91.999(A) and (C) of this chapter for penalties.
('74 Code, § 6-4(19)) (Ord. G-14-81, passed 9-22-81; Am. Ord. G-07-86, passed 2-11-86; Am.
Ord. G-32-86, passed 8-26-86; Am. Ord. G-16-91, passed 6-13-91; Am. Ord. G-16-95, passed 6-
13-95; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-03-06, passed 2-28-06; Am. Ord. G-37-
07, passed 12-11-07)
§ 91.035BITING ANIMALS; REPORT; PROCEDURE.
(A)Theperson responsible forowner or harborer ofany animal which has bitten a person
or another animal must report the incident to theDepartment of Animal Control. The person
responsible for any animal that has bitten shallDept.of AnimalCare &Control(ACC) and
immediatelymake the animal availablefor quarantineimmediately.Upon receiving the report of
a bite,the shelterACCwill quarantine the animal for 10 days with the place of confinement to
be in the discretion of the Department of Animal Control. During the quarantine period, the
animal is to be securely confined and kept from contact with any other animal or person.
(B)(1)During the quarantine period, the owner must provide a current rabies
vaccination certificate for his or her cat or dog that is being quarantined. If proof of vaccination
cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expensebefore
afterrelease.
(2)If the animal is quarantined at the shelter, a microchip shall be implanted in it prior
to its release from quarantine.The animal shall be registered for its life with the Department of
Animal Control.The cost of the implant shall be at the owner's expense before release.
(3)If the animal is quarantined in a place other than the shelter, as determined by the
Department Of Animal Control,a microchip shall be implantedinitwithin 30daysfollowing
the animal's release fromquarantine.Theanimal shall be registered for its life with the
Department of Animal Control.The cost of the implant and registry shall be at the owner's
expense.
(4)The microchip,used for these quarantine provisions, shall be numbered.This
number will provide entry into a data base that contains the animal's bite history.The microchip
shall be contained in a sterilized implanting device and shall be individually packaged.
(5)The microchip and its corresponding registration history shall be considered prima
facie evidence for any future dangerous animal determination in accordance with § 91.034,
dangerous animals.
(C)No person other than an Animal Control Officer or veterinarian shall kill or cause to be
killed any animal suspectedof being rabid except in cases of immediate self-protection. If that
occurs,the person will retain the body and immediately notify the Department of Animal
Control.
(D)Violations of these quarantine provisions shall constitute a Class A offenseand may
subject the responsible party to civil penalties under § 91.999.
('74 Code, § 6-6)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-32-86, passed 8-26-86; Am. Ord.
G-16-95, passed 6-13-95; Am. Ord. G-18-03, passed 5-27-03)
§ 91.036WILD OR EXOTIC ANIMALS.
No wild or exotic animal shall be kept within the city without the necessary state and/or
federal permits.
('74 Code, § 6-4(8))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.037 TRAINING METHODS.
No animal may be induced or encouraged to perform through the use of chemical,
mechanical, electrical, or manual devices in a manner which will cause or is likely to cause
physical injury or suffering.
('74 Code, § 6-4(15)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.038DESTRUCTION OF ANIMALS.
No person other than a duly authorized agent of the animal control shelter may destroy any
domestic animal within the city limits; provided, however, this provision shall not apply to the
following:
(A)A licensed veterinarian,
(B)Those persons acting in immediate self-protection,
('74 Code, § 6-4(26)) (Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-07-86,passed 2-11-86; Am. Ord. G-32-86, passed 8-26-8; Am. Ord. G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.039DANGEROUS WILD OR DANGEROUS EXOTIC ANIMALS.
(A)No person shall keep, shelter, harbor, buy, sell, or trade within the city a dangerous
wild animal or a dangerous exotic animal as defined in this chapter except as provided in
division (B) below.
(B)This section shall not apply to permitted zoological parks or zoos, circuses,
educational, or medical institutions.
(C)Any animal found in violation of this section may be seized immediately.
(D)The animal will be held in protective custody for seven calendar days to allow an
owner to locate a new and appropriate owner or housing for the animal outside the city limits.If
no arrangements have been made in seven calendar days the animal will become the property of
the city and disposition may be made at that time.
(E)Costs.The owner of any animal, which is impounded and/or euthanized or relocated
under this section, shall be held responsible for payment of any expenses so incurred by the
Department of Animal Control.Fees will be paid prior to release or relocation of the animal.
(F)Grandfather clause.Wolf-hybrids owned or harbored under this section, at the time of
passage, must be registered with the Department of Animal Control within 60 days of passage
and shall be exempt from this section.Wolf-hybrids must have no bite history in order to be
exempt.If any wolf-hybrid bites, or has previously bitten, a human or an animal, the wolf-
hybrid will no longer be exempt fromthis section.All wolf-hybrids registered under this section
shall be spayed or neutered and microchipped at the owner's expense prior to registration.Wolf-
hybrids not registered within 60 days of passage of this division will not be exempt from this
section.
(Ord. G-18-03, passed 5-27-03; Am. Ord. G-42-03, passed 12-23-03)Penalty, see § 91.999
§ 91.040HABITUAL ANIMAL OFFENDER.
(A)It shall be unlawful to be a habitual animal offender. For the purposes of this section, a
HABITUAL ANIMAL OFFENDER
shall mean any animal owner or harborer, who within any
three-year period is convicted with three or more violations of animal care regulations of this
chapter. The controlling date is the date of each animal ordinance violation, not the date of the
pleaentered, or the conviction resulting there from.
(B)If found to be a habitual animal offender the court may order alimited, restricted or
prohibition againstanimal ownership for five or such greater number of years as determined by
ACCaminimum period of three years, not to exceed ten yearsa determined or indefinite period
of time.
(Ord. G-37-07, passed 12-11-07)
REGISTRATION AND COMMERCIAL PERMITS
§ 91.050PET REGISTRATION REQUIRED; EXCEPTION; TAGS;
MICROCHIP IMPLANT.
(A)Any person owning, keeping, harboring or having custody of any dog or cat over the
age of five months must obtain a pet registration for such animal; provided, however, that no pet
registration shall be required of any animal welfare organization, municipal animal control
facility or governmental agency, or guide dog. Animals belonging to those agencies or persons
will be issued complimentary registration tags.
(B)A durable tag stamped with registration number and year of issuance will be provided
to pet registration holders for each registration granted. Dogs and cats must wear their tags at all
times on their collars, except when involved in any organized show, obedience demonstration,
training situation or under the care of a licensed veterinarian.
(C)Any person owning an altered dog or cat may, as an alternative to an annual pet
registration, obtain a microchip implant for the dog or cat for lifetime pet registration.This
special permanent registration would be for the lifetime of the dog or cat for which they are the
registered owner. Such residents shall not be required to annually purchase a new pet registration
for the lifetime of such registered animals.
(1)Each lifetime registration will receive a durable stainless steel tag with a registration
number for each registration granted.Dogs and cats must wear their tags at all times on their
collars.Replacement tags arethe responsibility of the owner at such time the tag becomes
unreadable, owner must come into the shelter for a replacement.
(D)Any person owning any dog or cat which has been implanted with a microchip shall
transfer the microchip documentationwiththeDepartment of Animal Control and national
registry upon sale, trade, barter, gift or transfer of an animal.Any animal received by Fort
Wayne Animal Care and Control with an untraceable tag or microchip due to an owners failure
to keep contact information current for tracing with Animal Control, a national registry, or the
veterinarian will be held three business days prior to disposition.
(E)Lifetime and Annualpet registrations are non-transferable.
('74 Code, § 6-7)(Ord. G-14-81,passed 9-22-81; Am. Ord. G-16-95, passed 6-13-95; Am. Ord.
G-29-95, passed 11-21-95; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-24-09, passed 12-8-
09)Penalty, see § 91.999
§ 91.051APPLICATION FOR REGISTRATION OR PERMITS.
(A)Application for registration or permits may be made at the Department of Animal
Control or designated facility, or by mail, and shall include the name, address of applicant, type
of permit applied for, number and description of animal(s), information regarding sterilization
and appropriate fee.
(B)Registration and permits are to be issuedfor a term of one year, with the exception of
lifetime registration, commencing with the date of issuance.Microchip implants may be
registered for the life of the animal with the Department of Animal Control.Owners must
contact the Department of Animal Control with changes of address or telephone.Failure to keep
contact information current may result in the inability of the department to contact an owner.
Animals will be held three business days prior to disposition.The Department of Animal
Control will consider the registered microchip and/or tag owner to be the legal owner.
(C)Upon issuance, the Department of Animal Control shall issue a registration or permit in
written form, which includes the number of the registration or permit, type of registration or
permit. In addition, the Department of Animal Control shall issue a durable tag stamped with the
registration number and year of issuance for each pertinent registration.Additionally, a durable
tag will be issued for an animal that has received a microchip implant upon national registration
by the pet owner.The tag will have a corresponding number to that of the implanted microchip
and will display a national, toll free, 24 hour, seven days per week telephone number for the
purpose of animal and owner identification.
(D)The Department of Animal Control shall maintain records of the identifying
registration/ permit number.
(E)It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat
over the age of five months with current pet registration as provided in this section. The owner of
any dog or cat, which dog or cat is over the age of three months, must also have in his possession
a current rabies vaccination tag showing that such animal has been vaccinated against rabies as
otherwise provided in §91.075.Any owner of such animal who moves into the city for purposes
of establishing a residence or residingorwho becomesaresidentasresultof annexation
shall have 30 days in which to obtain the permit required by this chapter.
('74 Code, § 6-17) (Ord. G-14-81, passed 9-22-81; Am.Ord. G-21-83, passed 7-26-83; Am.
Ord. S-208-85, passed 11-12-85; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-16-95, passed
6-13-95; Am. Ord. G-29-95, passed 11-21-95; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-
24-09, passed 12-8-09) Penalty, see § 91.999
§ 91.052 FEES.
In addition to all other fees requiredby law to be paid, the following fees shall be paid:
(A)Pet Registration.
(1)For the year 2003, and each year hereinafter,which shall commence on January 1
and end December 31:
Annual -Each altered dog or cat
Age 5 months or older$5.00
Annual -Each unaltered dog or cat
Age 5 months or older100.00
Lifetime registration
Altered dog or cat
Age 5 months or older30.00
Replacement tags5.00
Late fee applied to renewal more than 30 days past expiration 5.00
(2)Upon a written statement from a licensed veterinarian setting forth that the neutering
of the animal shall constitute a threat to the health of that animal, the payment of the permit fee
for unaltered animal shall not be required but the animal shall be classified as an altered animal
for purposes of permit registration and fees.Registration at the altered tag price under this
section will constitute agreement not to breed the animal.Doing so will result in fines.
(3)Service animal exemption.A person who is impaired by:
(a)Blindness or any other visual impairment;
(b)Deafness or any other aural impairment;
(c)A physical disability; or
(d)A medical condition; and
relies on a service animal for navigation, assistance in performing daily activities or alert signals
regarding the onset of the person's medical condition, shall be exempt from a permit fee for the
service animal.
(4)Senior citizen exemption. Any cat or dog owner 62 years of age or older who owns
an altered animal may receive his or her annual registration free of charge, or lifetime
registration at the price of an annual altered tag; provided, however, that ifthe animal of any
such person has not been spayed or neutered, the person who is 62 or more years of age shall pay
the same permit fee and be subject to the above pet registration fees and charges as otherwise
required for any animal.
(B)Residential, Exhibitor, and Commercial Kennel/Cattery Permits.All of the following
permits must be obtained and will be reissued annually and all tags for animals registered under
any permit will be issued with the permit.
(1)Residential Kennel/Cattery Permit.
0-1Unaltered -will require no special permitting other than city pet registration
2-3Unaltered $300.00
(All tags/individual animal registrations included.)
(2)Exhibitor's Permit.
Up to 5 unaltered dogs/cats$150.00
(Must be all one species)
(All tags/individual animal registrations included.)
(3)Commercial Kennel/Cattery.
(Requires zoning approval)
6-15 dogs/cats$150.00
16-25 dogs/cats200.00
26 or more dogs/cats250.00
Each animal owned by the permit holder will be individually registered with the city; animals
owned by clients of a boarding business will be registered by the permit holder's clients.
(C)Grooming Shop Permit.
Fee$ 50$100
(D)Major Breeder's Permit.
Fee$200 plus any applicable kennel/cattery permit fee
(E)Minor Breeder's Permit.
(1)Any owner or person having custody of a dog or cat which has been neutered within
ten weeks after giving birth to a litter or who turns the adult dog or cat over to the Department of
Animal Control within ten weeks from the birth date of the litter, will be required to purchase a
Minor Breeder Permit at the rate of $10.
(2)Any owner or person having custody of a dog or cat that has delivered a litter, who
chooses not to relinquish the animal to the Department of Animal Control and also chooses not
to have the animal neutered, will be required to purchase a Minor Breeder Permit at the rate of
$100.
Plus any applicable kennel/cattery permit fee.
(F)Pet Shop Permit.
Fee$100
(G)Circus, Animal Concession, Animal Event, and Commercial Animal Exhibit Permits.
(1)Fee$100
(2)Permits are to be issued for a term of one year, commencing with the date of
issuance.
(3)Prior to engagements, permit holders will furnish the Department of Animal Control
with a schedule of dates and times of exhibits or performances so the Department of Animal
Control can perform periodic inspections.
(H)Omnibus Permit.
(1)Fee$200
(2)This permit shall allow the holder to operate a kennel or cattery, grooming shop, or a
pet shop.
(3)The permit holder does not need to obtain individual permits in the aforementioned
areas, but allrequirements for each of the aforementioned permits shall be met before the
Omnibus Permit may be granted.Animals owned as personal pets by the business owner or
resident will not be considered registered under this permit.
(I)All permits willbe issued after inspection approved by the Department of Animal
Control, provided all requirements of this chapter are met.
('74 Code, § 6-19)(Ord. G-14-81, passed 9-22-81; Am. Ord. S-22-86, passed 2-25-86; Am. Ord.
G-32-86, passed 8-26-86; Am. Ord G-32-89, passed 12-26-89; Am. Ord. G-29-95, passed 11-21-
95; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-14-04, passed 7-27-04; Am. Ord. G-24-09,
passed 12-8-09)Penalty, see § 91.999
§ 91.053APPEAL;RE-INSPECTION;DENIAL OR REVOCATION OF
PERMIT.
(A)Any person who is denied a permit or whose permit is revoked may appeal the denial
or revocation in accordance with this sectionwithin 60 days of the date of the denial or
revocation of the permit.
(B)The permit holder may request a re-inspection for permit reinstatement based on
compliance or may appeal the ACC FWACCrevocation.All requests for appeals must be in
writing and addressed to the Director; whereupon, the Director shall set the appeal for hearing
within 45 days of the receipt of the written request.
(C)Upon re-inspection byACCFWACCfollowing anappeal, a permit reinstatement fee of
$50 will be required prior to reopening.
('74 Code, § 6-20)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-32-86, passed 8-26-86; Am.
Ord. G-18-03, passed 5-27-03; Am. Ord. G-24-09, passed 12-8-09)
§ 91.054KENNEL/CATTERY PERMITS.
(A)Any person owning or harboring more than one unaltered dog or one unaltered cat over
the age of five months must apply for a kennel/cattery permit.At no time shall the number of
dogs exceed five, number of cats exceedseven, or the total number of dogs and cats exceed
seven, at one residential property.
(1)A resident staying within the numbers limits but exceeding one intact animal on the
property may apply for a residential kennel permit. Applications will be followed by an
inspection prior to issuance of the permit. Permits are valid for one year from date of issue and
are the residential kennel permit holder's responsibility to renew. Residential kennel permits
require eligibility and may be refused or revoked for cause.
(a)Initial application eligibility requires no more than three unaltered pets, no
outdoor housing in the absence of the owner, suitable exercise space for the breed and number
owned, no history of violations with FWACC, and all animals current on vaccinations.
(b)Cause for revocation may include but is not limited to: animals running at large,
substantiated neighborhood nuisance complaints, failure to maintain current permits, breeding
without a breeders permit, failing to maintain current rabies vaccine status, and exceeding the
number limits.
(B)Any person engaging in boarding dogs or cats for compensation must apply for a
kennel/ cattery permit.
(C)Any exhibitor owning or harboring up to five unaltered dogs or cats over the age of five
months may register all animals annually under an exhibitor's permit after showing proof of eight
“Confirmation of Show Entry” forms issued by the American Kennel Club or United Kennel
Club or other similar national registry association, for the 12 month period preceding
registration. Such confirmation shall be issued by the show organizers and shall include owner's
name and address, show date and location, animal's name, and class entry. Each such animal
shall be issued a registration tag under the exhibitor's permit registration; an exhibitor's permit
covers only those unaltered animals registered thereunder, but is not intended to preclude any
other permit to which animal owners may be entitledor required to obtain under this section nor
is it meant to replace any other permit which is required by this chapter.The exhibitor is
required to be in compliance with all other state and local laws.
(D)Grandfather Clause.Animals owned or harbored and exceeding the ownership limits
of this section at the time of passage of this law may be registered with the Department of
Animal Control within 120 days of passage to be exempted from ownership limits.Animals
owned or harbored in excess of these limits and not registered within this time frame will not be
considered exempt.
('74 Code, § 6-8)(Ord. G-14-81, passed 9-22-81; Am.Ord. G-21-83, passed 7-26-83; Am. Ord.
G-07-86, passed 2-11-86; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-14-04,passed 7-27-
04; Am. Ord. G-24-09, passed 12-8-09)Penalty, see § 91.999
§ 91.055MAJOR BREEDERS PERMIT.
(A)A major breeder's permit shall be obtained by:
(1)Any person who intentionally or accidentally causes the breeding of more than one
cat or dog or makes more than one cat or dog available for breedingpurposes in a 12-month
period; or
(2)Any person who offers for sale, sells, trades, receives other compensation or gives
away more than one litter of dogs or cats in a 12-month period; excepting a litter of dogs or cats
taken to the Department of Animal Control;
(B)And such person shall:
(1)Not allow the birthing of more than one litter per female dog or cat in a 12-month
period; and
(2)Furnish the Department of Animal Control with information on the birth of each
litter of dogs or cats as may be required by Department of Animal Control to register that litter of
dogs or cats with Department of Animal Control, and to be assigned a litter number for each
litter; and
(3)Further be required to register with the Department of Animal Control the name,
address, and telephone number of each buyer or new owner of any dog or cat sold or transferred
within five days after the date of such sale or transfer; and
(4)Transmit to the new owner or buyer the litter number of the animal acquired, and the
major breeder's permit number in order that the new owner has assurance and proof that the
animal was legally bred; and
(5)Immunize all cats and dogs offered for sale, trade or other compensation or for free
giveaway (except an animal taken to the Department of Animal Control) against common
disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus,
coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and
panleucopenia; and
(6)Not offer a puppy or kitten under the age of eight weeks for sale, trade, other
compensation or for free giveaway (except a puppy or kitten or litters of them taken to the
Department of Animal Control); and
(7)Furnish warrant of health for a period of not less than one week with
recommendation to have examined by licensed veterinarian for each animal sold.
('74 Code, § 6-9)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-21-83, passed 7-26-83; Am. Ord.
G-07-86, passed 2-11-86; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-24-09, passed 12-8-
09)Penalty, see § 91.999
§91.056MINOR BREEDERS PERMIT; SALE OF UNDERAGE ANIMALS
PROHIBITED
(A)A minor breeder's permit shall be obtained by:
(1)Any person who intentionally or accidentally causes the breeding of a cat or dog or
makes a cat or dog available for breeding purposes;
(2)Any person who offers for sale, sells, trades, receives other compensation or gives
away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Department of
Animal Control; or
(3)Any owner or person having custody of a dog or cat that has delivered a litter or
caused the delivery of a litter, who chooses not to relinquish the animal to the Department of
Animal Control and also chooses not to have the animal spayed or neutered shall cause the
animal to be implanted with a microchip and to register this dog or cat within 30 days of having
received notice to accomplish this procedure from the Department of Animal Control.
(B)And such person shall:
(1)Be allowed to breed only one dog or one cat which results in the birthing of a
maximum of one litter in a 12-month period in his or any other domestic household or
establishment orany combination thereof; and
(2)Not be allowed to offer for sale, sell, trade, receive other compensation or give away
more than one litter of dogs or one litter of cats in a 12-month period; excepting a litter of dogs
or cats taken to the Department of Animal Control; and
(3)Furnish the Department of Animal Control with information on the birth of each
litter of dogs or cats as may be required by the Department of Animal Control to register that
litter of dogs or cats with the Department of Animal Control, and to be assigned a litter number
for each litter; and
(4)Further be required to register with the Department of Animal Control the name,
address, and telephone number of each buyer or new owner of any dog orcat sold or transferred
within five days after the date of such sale or transfer; and
(5)Transmit to the new owner or buyer the litter number of the animal acquired, and the
minor breeder'spermit number inorder that the newowner has assurance and proof that the
animal was legally bred; andprohibits the sale of underage puppy or kitten under section 91.078.
(6)Immunize all cats and dogs offered for sale, trade or other compensation or for free
giveaway (except an animal taken to the Department of Animal Control) against common
disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus,
coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and
panleucopenia; and
(7)Not offer a puppy or kitten under the age of eight weeks for sale, trade, other
compensation or free giveaway (except a puppy or kitten or litters of them taken to the
Department of Animal Control); and
(8)Furnish warrant of health for a period of not less than one week with
recommendation to have examined by licensed veterinarian for each animal sold.
(C)Any owner or person having custody of a dog or cat which has been neutered within 10
weeks after giving birth to a litter or who turns the adult dog or cat over to the Department of
Animal Control within 10 weeks from the birth date of the litter, will be required to purchase a
minor breeder permit at the rate of $10.
(D)Any owner or person having custody of a dog or cat which has delivered a litter, who
chooses not to relinquish said animal to the Department of Animal Control and also chooses not
to have the animal neutered, will be required to purchase a minor breeder permit at the rate of
$100plus any applicable kennel/cattery permit fee.The permit shall be issued provided all
requirements of this chapter are met.
('74 Code, § 6-10)(Ord. G-14-81, passed 9-22-81; Am. Ord.G-21-83,passed7-26-83;Am.
Ord.G-33-84, 11-13-84; Am. Ord. G-07-86, passed 2-11-86; Am. Ord. G-16-95, passed 6-13-
95; Am. Ord. G-18-03, passed 3-27-03; Am. Ord. G-24-09, passed 12-8-09)Penalty, see §
91.999
§ 91.057VETERINARY HOSPITALS/CLINICS.
(A)All animals shall be housed humanely and in a sanitary manner.
(B)Veterinarians shall keep records of each animal accepted for treatment, diagnosis or
routine health care.
(C)Veterinarians who engage in boarding, grooming or other business in addition to the
treatment and/or medical care of animals shall obtain a permit as herein provided.
('74 Code, § 6-11)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-18-03, passed 5-27-03; Am.
Ord. G-24-09, passed 12-8-09)Penalty, see § 91.999
§ 91.058 GROOMING SHOP PERMIT.
(A)Any person who has a grooming shop as defined in this chapter shall obtain a
grooming shop permit.
(B)A permit holder has the right to request that any dog or cataccepted for grooming be
vaccinated against common diseases, and require proof of such vaccinations be furnished to the
shop operator.
('74 Code, § 6-12)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-18-03, passed 5-27-03; Am.
Ord. G-24-09, passed 12-8-09)Penalty, see § 91.999
§ 91.059 PET SHOP PERMIT.
(A)Any person operating a pet shop as defined in this chapter shall obtain a pet shop
permit.
(B)(1)The permit holder shall furnish the purchaser a written statement at the time of
sale containing the following:
(a)Date of sale,
(b)Name, address and telephone number of purchaser and permit holder,
(c)Permit number of permit holder,
(d)Breed, description, approximate age and sex of dog, cat or other animal sold.
(Small mammals, parrot-type birds, and fish not included.)
(e)Medication and prophylactic immunization and dates administered,
(f)Internal parasite medication(s) and date(s) administered,
(g)A guarantee of good health for a period of not less than one week with
recommendation to have the animal examined by a licensed veterinarian.
(2)The permit holder shall retain a copy of the written statement for 12 months from
date of sale.
(C)The pet shop permit holder shall be further required to register with the Department of
Animal Control the name, address, and telephone number of each buyer or new owner of any
dog or cat transferred within five days after the sale or transfer.
(D)The Animal Control Officer or health department may restrict the sale of any animal
suspected of being diseased or otherwise unfit for sale. An examination by a licensed
veterinarian may be requested at the expense of the enforcement agency.
(1)The permit holder shall reimburse the enforcing agency's veterinary fees if the
inspection by the veterinarian concludes the animal to be unfit for sale at the time of inspection.
(2)The inspection is to be made by a veterinarian within 24 hours of the enforcing
agency's determination that the said animal is not fit for sale.
(E)All pet shops herein defined and stores selling animals, birds, reptiles and fish as pets
shall take care to house animals in a sanitary manner. Appropriate medical services, care, and
housing shall be given according to individual species needs.
(F)No puppy or kitten under the age of eight weeks may be offered for sale, trade or other
compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the
Department of Animal Control).
('74 Code, § 6-13)(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85; Am.
Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-24-09, passed
12-8-09)Penalty, see § 91.999
§ 91.060 CIRCUSES, ANIMAL CONCESSIONS AND ANIMAL EVENT.
Any person who is responsible for a circus, animal concession or animal event as defined by
this chapter must obtain a circus, animal concession or animal event permit. Non-profit
organizations conducting circuses, animal concessions, and events are required to obtain a permit
in order to allow inspection but those permits will be issued as complimentary when non-profit
status has been verified.
('74 Code, § 6-14)(Ord. G-14-81, passed 9-22-81; Am.Ord. S-208-85, passed 11-12-85; Am.
Ord. S-22-86, passed 2-25-86; Am. Ord. G-18-03, passed 5-27-03; Am. Ord. G-24-09, passed
12-8-09)Penalty, see § 91.999
§ 91.061 ZOOLOGICAL PARKS.
Zoological parks shall be issued complimentary permits at no fee.
('74 Code, § 6-15)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-18-03, passed 5-27-03; Am.
Ord. G-24-09, passed 12-8-09)
§ 91.062 EXCEPTION.
No permit shall be required of the Department of Animal Control or animal welfare
organization; however, all other provisions of this chapter shall apply.
('74 Code, § 6-16)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-32-86, passed 8-26-86; Am.
Ord. G-18-03, passed 5-27-03; Am. Ord. G-24-09, passed 12-8-09)
DOGS AND CATS; SPECIFIC REQUIREMENTS
§ 91.075VACCINATION REQUIRED; TAGS.
Cats and dogs over the age of three months must be vaccinated by a licensed veterinarian for
rabies. One-year and three-year rabies vaccine may be used as per Indiana Administrative Code.
Both cats and dogs must wear a current rabies tag at all times attached to a properly fitted collar
or harness.
('74 Code, § 6-4(4))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-29-95, passed
11-21-95; Am. Ord. G-18-03, passed 5-27-03)Penalty, see § 91.999
§ 91.076DOGS OR CATS IN HEAT.
Every female dog or cat in heat shall be confined in a secure building or enclosure so asto
prevent conception except during instances of planned breeding.
('74 Code, § 6-4(16))(Ord.G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;
Am. Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03,
passed 5-27-03)Penalty, see § 91.999
§ 91.077NOISY DOGS.
No person shall allow the continuous barking, yelping, whining or howling of a dog. The Animal
Control Officer may take steps immediately to correct the situation and cause the noise to be
abated, either through issuance of a citation; or impounding the animal if no owner or agent can
be found at the time of disturbance.
('74 Code, 6-4(27))(Ord. G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;Am.
Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord.G-18-03, passed 5-
27-03)Penalty, see § 91.999
§ 91.078SALE OF PUPPIES ANDKITTENS.
No puppy or kitten which is under the age of eight weeks may be offered for sale, trade
traded, or given awayfor other compensation or for giveaway (except a puppy or kitten or litter
or litters may be taken to the animal control shelter).
('74 Code, §6-4(17))(Ord.G-14-81, passed 9-22-81; Am. Ord. S-208-85, passed 11-12-85;
Am. Ord. G-07-86, passed 2-11-86; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-18-03,
passed 5-27-03)Penalty, see § 91.999
DESTRUCTION OF ANIMALS.
§ 91.090DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context
clearly indicates or requires a different meaning.
ANIMALS.
Any animate being not human.
('74 Code, § 6-49)(Ord. G-17-77, passed 5-24-77; Am. Ord. G-32-86, passed 8-26-86; Am.
Ord. G-18-03, passed 5-27-03)
§ 91.091SUBSTANCES PERMITTED FOR USE.
The Department of Animal Control, other animal shelters, and/or public animal facilities
which destroy animals in the city, shall use only sodium pentobarbital or a derivative substance
for said purpose.
('74 Code, § 6-45) (Ord. G-17-77, passed 5-24-77; Am Ord. G-21-83, passed 7-26-83; Am. Ord.
G-32-86, passed 8-26-86; Am. Ord. G-18-03, passed 5-27-03)
§ 91.092PERSON AUTHORIZED TO DESTROY ANIMALS.
Only persons trained in humane procedures by licensed veterinarians or by registered animal
technicians shall perform the destruction of animals in a humane manner.
('74 Code, § 6-46)(Ord. G-17-77, passed 5-24-77; Am. Ord. G-18-03, passed 5-27-03)
§ 91.093ASSURANCE OF DEATH PRIOR TO DISPOSAL.
No animal's bodyshall be disposed of until all vital signs are checked (fixed pupil, cessation
of heartbeat and respiration) to assure that death has occurred.
('74 Code, § 6-47)(Ord. G-17-77, passed 5-24-77; Am. Ord. G-18-03, passed 5-27-03)
§ 91.094FUNDING.
Sufficient funds shall be appropriated in each annual budget of the city for personnel, drugs,
equipment, and facilities necessary to administer humane destruction of animals as specified in
this subchapter.
('74 Code, § 6-48)(Ord. G-17-77, passed 5-24-77; Am. Ord. G-32-86, passed 8-26-86; Am.
Ord. G-18-03, passed 5-27-03)
ADMINISTRATION AND ENFORCEMENT
§ 91.105DIRECTOR OF PUBLIC SAFETY/ANIMAL CONTROL
COMMISSION.
(A)The Department of Animal Control shall be operated by the Director.through the
Shelter Manager.
(B)The Director will be advised on matters of policy and fiscal decisions by a voting five-
member board, so named the Fort Wayne Animal Control Commission. The Commission
members shall be appointed to serve a three-year term,terms to be staggered. No limit shall be
set on number of terms a Commissioner can serve, all members to serve without compensation.
(C)Three of the Commission members shall be appointed by the Mayor. The two
remaining members of the Commission shall be appointed by the Common Council. At the
outset, the Mayor shall appoint one person to serve two years, and one person to serve three
years. The Common Council shall appoint one person to serve two years, and one person to serve
three years. This selection shall not be based on political affiliations, but on interest in animal
care and control and knowledge of same.
(D)The first meeting of the Commission shall be convened by the Shelter Manager. The
Commission shall elect a Chair, Vice-Chair, and a Secretary from among its members.
(E)The Commission shall meet at least once each month, or upon special call by the Chair,
or upon the written request to the Chair by any three members. It shall adopt rules and
regulations as may be necessary or appropriate in its judgmentto carry out the provisions of the
ordinances and laws under which it exists and performs its functions.
(F)Three members of the Animal Control Commission shall constitute a quorum to do
business.
(G)In the case of vacancy in office due to death, resignation, incapacity, removal or
otherwise, the appointment to fill the vacancy so occurring shall be made by the original
appointing body for the unexpired term only and shall be subject to the provisions stated in
division (B).
('74 Code, § 6-2)
(H)The duties and powers of the Director are as follows:
(1)To cause to be enforced all city ordinances and/or state laws regarding animal care
and control.
(2)To maintain and operate the Department of Animal Control's shelter or shelters
which have been designated for the humane sheltering or protection and disposition of animals
coming into its custody.
(3)To purchase all necessary materials for the properand efficient performances of the
services and work required of the shelter consistent with the city's duly established purchasing
procedures.
(4)To cause to be picked up and transported to the Department of Animal Control all
unwanted animals, all animals illegally at large, and all sick, diseased, injured, lost, strayed,
stolen or abandoned animals. Those animals whose owners request may be promptly euthanized
at said shelter. In addition, any animal which appears to be ill and would pose a health hazard to
other animals, or any animal which is injured so that it cannot rest comfortably for a minimum of
three working days may be destroyed immediately as so authorized by the Shelter Manager or
his/her authorized agent. All other animals shall be kept at said shelter or place designated by
said shelter for a period of not less than three working days to afford owners the opportunity to
claim the animal. After such period of time, unclaimed animals shall be placed in a suitable
home, retained at the shelter, released to an accepted rescue organization or euthanized.Animals
released to the shelter by their owners, or impounded animals not claimed within the legal time
become the property of the shelter and disposition may be made at the shelter's discretion.
(5)To proceed upon public and private property within the city in pursuit of animals
believed to be in violation of this chapter. However, this authority does not extend to a privately
owned structure without the consent of the owner, lessee or other occupant in control of the
premises or without other legal process or authority. Any animal pursued under this section may
be confiscated and held by the Department of Animal Control according to its rules and
regulations. If an animal is confiscated without the knowledge or consent of the owner or
occupant of the premises, a notice shall promptly be affixed to said premises in an obvious
location, directing the occupant to contact the Department of Animal Control providing the
address and telephone number of same on said notice.
(6)To cause to be picked up and disposed of all dead animals found in or on any street
or sidewalk, alley or other public place in the city.
(7)To cause to be investigated all reports and complaints concerning any inhumane
treatment or practices pertaining to animals within the city. To cause to be impounded at the
Department of Animal Control or suitable places designated by the Department of Animal
Control all animals found in conditions adverse to their health and safety.
(8)To enter into contract with any municipalities or governmental units or any person,
association or corporation for the collection, transportation, sheltering and disposal by said
shelter for sick, diseased, injured, illegally at large, lost, strayed or abandoned animals provided
that no such services be extended by said shelter outside the city, except under written contract
with the unit, person, association or corporation concerned and at a charge based upon the actual
cost of such services, including overhead; provided that no such contract shall be effective
except upon the approval of city attorney or a duly designated associate, as to form and legality,
the approval of the Mayor, and the ratification by the Common Council.
(9)To employ all personnel necessary for the efficient performance of the duties
required of said shelter.
(10)To prepare and submit after review and comments of the Animal Control
Commission to the Common Council through the city controller, an annual budget, for its
financing of its operations and performance of its duties.
(11)To submit to the Mayor, and to the Common Council, no later than January 30 of
each year, a reportof its activities and operation for the prior year.
(12)To establish reasonable fees to be charged to persons reclaiming and adopting
animals, and to collect such fees, such fees to be adopted only after approval by Director and
submission to the Mayor and Common Council for approval and adoption.
(13)To provide that all dogs and/or cats released for adoption shall be spayed or
neutered, implanted with an electronic microchip, and provisions made for a program to monitor
said spay/neuter and microchip plan.
('74 Code, § 6-3)
(14)Any violations of the animal adoption contract shall result in impoundment of the
animal.Return of the animal to the adopter will be at the discretion of the Animal Control
Department.
(Ord. G-14-81, passed 9-22-81; Am. Ord. G-32-86, passed 8-26-86; Am. Ord. G-17-90, passed
8-14-90; Am. Ord. G-16-95, passed 6-13-95; Am. Ord. G-18-03, passed 5-27-03)
§ 91.106INTERFERING WITH ENFORCEMENT.
No person shall interfere with an Animal Control Officer in the pursuit of his/her duties as an
officer.
('74 Code, § 6-4(28)) (Ord. G-20-90, passed 8-28-90; Am. Ord. G-18-03, passed 5-27-03)
Penalty, see § 91.999
§ 91.107 IMPOUNDMENT; REDEMPTION.
(A)Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept
for the purpose of animal fighting, animals considered dangerous, animals abandoned as a result
of owner arrest, or animals that have been abandoned may be promptly seized, provided,
however, that the Animal Control Officer shall leave written notice.
(B)Animals so removed will be impounded and held at the Department of Animal Control
or a designated facility, provided, however, that in no event shall this period exceed five calendar
days, at which time the animal shall become the property of the Department of Animal Control.
An animal may be held longer if an extension is necessary for the Animal Control Officer to
have ample time to prepare a court case if prosecution is warranted, or a request for a bond has
been filed as provided in division (E). In the case of animals impounded for quarantine at the
Department of Animal Control, the animal will become the property of the department if not
claimed by closing time of the department on the eleventh day of the quarantine.Owners
requesting quarantine but failing to claimanimals at the end of the quarantine period will be
responsible for all medical, quarantine, and euthanasia fees.
(C)Animals impounded for reasons of tragedy beyond the control of the owner, such as but
not limited to house fire or death of the owner, will be held for seven calendar days during which
time a reasonable effort will be made to contact the owner and/or their representative to make
reclaim or alternative housing arrangements.After the seventh day of impoundment, the animals
will become the property of the Department of Animal Control.
(D)Animals awaiting disposition by the courts shall remain in the custody of the
Department of Animal Control, unless such disposition is made, or placed in a foster home until
legal arrangements have been completed.
(E)(1)Pursuant to impoundment of an animal under division (A), the Department of
Animal Care and Control may file a petition with the court requesting that the owner or
custodian of the animal post a bond to cover the costs of care of the animal while it is in the
custody of the department. This petition shall be accompanied by an affidavit or statement of the
department that sets forth an estimate of the reasonable expenses that the department expects to
incur providing for that care. Reasonable expenses include but are not limited to the estimated
cost of veterinary care, food and board for the animal. The owner or custodian of the animal shall
be provided written notice of the petition by personal service or certified mail. Any such mail
shall be sent to the last known residence, or, if this address is not known, such notice shall be
sent to the address from which the animal was seized. Refusal to accept certified mail or failure
to receive mail due to other delays will not negate this section.
(a)The court or hearing body to which the petition is filed shall hold a hearing on the
petition. At the hearing, the department has the burden of proving that there is probable cause to
find that the animalwas the subject of a violation as listed under division (A). If the court finds
that probable cause exists, the court shall order the owner or custodian of the animal to post a
bond to cover the cost of the care of the animal for a minimum of 30 days.
(b)Bond must be posted within a maximum of three business days following the
bond hearing judgment. If bond has not been posted within the allotted three business days, the
animal shall immediately become the property of the Department of Animal Care and Control.
(c)Bond must be posted at the Department of Animal Care and Control Shelter in
cash or certified funds only. The bond shall be deposited into the city's general trust fund, in a
subaccount specific for each case. The department may draw on this account to cover the actual
expenses incurred in the care of the animal.
(d)If, at the end of 30 days, the matter for holding said animal(s) has not been
adjudicated, another bond must be posted. The renewal bond must be paid no later than the close
of business on the thirtieth day. If the thirtieth day should fall on a weekend or holiday, the bond
must be posted by the close of business on the last regular business day prior to the weekend or
holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by
the court or hearing body having jurisdiction. Failure to repost bond at the end of any 30-day
period will be considered voluntary relinquishment of the animal(s).
(e)Upon conviction of the accused, the court or hearing body, at its discretion may
order any remaining bond money and/or the animal(s) forfeited to the Department of Animal
Care and Control.
(f)In the event of the acquittalor final discharge, without conviction of the accused,
the court shall direct the delivery of the animal(s) and any bond posted, less any reasonable
medical, housing and administrative costs.
(2)The bond is intended to cover but not be limited to housing and feeding, emergency
medical care, immunizations and routine medical care. Animals displaying signs of illness or
injury at the time of impoundwill be treated immediately at the expense of the owner or
custodian. Animals that have not been inoculated for or are not current on inoculations for
ailments common to its species will be inoculated at the expense of the owner or custodian. Any
animal displaying symptoms of illness or injury which, in the opinion of a licensed veterinarian,
would cause undue suffering to that animal or pose a substantial health risk to other animals in
the shelter shall be humanely euthanized immediately.
(3)This section applies to any and all animals housed at the Fort Wayne Department of
Animal Care and Control Shelter, or under the direction of the Fort Wayne Department of
Animal Care and Control at a remote facility, irrespective of the agency that seized the animals.
(4)Animals so removed may be transported to a licensed veterinarian for examination
and/or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia
will be performed immediately. Costs of treatment, euthanasia, and/or care shall be the
responsibility of the owner/agent.
('74 Code, § 6-22)
(F)A person may reclaim an animal in the custody of the Department of Animal Control
upon providing the following:
(1)Proof of ownership, and
(2)Payment of redemption fee and any other service/medical fees, as approved by the
Director.
(3)It shall be mandatory that any dog or cat not displaying a current city pet registration
or current identification tag if not a city resident, affixed to its collar, after the effective date of
Ordinance G-16-95,passed 6-13-95, upon its redemption by its owner, and prior to its release by
the Department of Animal Control, be implanted with a microchip and registered for purposes of
identification and recovery.The cost for this process shall be at the owner's expense before the
animal's release.
(4)All animals shall be registered with the city prior to release, or require enforcement
action to mandate registration.
(G)Stray or at-large animals will be held three working days at the Department of Animal
Control.
(H)Unclaimed animals become the property of the Department of Animal Control and may
be placed for adoption or humanely euthanized, pursuant to § 91.120(H)(4).
(I)An animal that has been previously impounded stray or at-large and is now being
redeemed for the second or subsequent redemption, will be required to be spayed or neutered by
a licensed veterinarian at the owner's expense.Arrangements to perform the procedure must be
made within 24 hours of reclaim and enforcement action pending spay/neuter completion will be
issued at the time of reclaim.
(J)In cases mandating spaying or neutering of a dog, the dog may be transported directly to
the veterinarian of the owner's choice at the city's discretion for completion of the surgery and
pickup of the animal by the owner from the veterinarian after such completion.
('74 Code, § 6-23)
(Ord. G-14-81, passed 9-22-81; Am. Ord. G-32-86, passed 8-26-86; Am. Ord G-20-90, passed 8-
28-90; Am. Ord. G-16-95, passed 6-13-95; Am. Ord. G-08-98, passed 1-27-98; Am. Ord. G-18-
03, passed 5-27-03; Am. Ord. G-37-07, passed 12-11-07)
§ 91.108INSPECTIONS.
(A)Whenever it is necessary to make an inspection to enforce any of the provisions of or
perform any duty imposed by this chapter or when there is reasonable cause to believe that there
exists in any building or upon any premises any violation of the provisions of this chapter or
state law, the Animal Control Officer or Health Officer or police officer is authorized at all
reasonable times to inspect the same for compliance with theprovisions of this chapter or any
state law; provided that:
(1)If the property is occupied, the officer shall first present proper credentials to the
occupant and request entry, explaining the reasons therefor; and
(2)If the property is unoccupied, the officer shall make a reasonable effort to locate the
owner or other persons having control of the property and request entry explaining the reasons
therefor.
(B)In the event the Animal Control Officer, Board of Health or police officer has
reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe
or dangerous as to require immediate inspection to safeguard the animal or the public health or
safety, the officer shall first present proper credentials and request entry, explaining the reasons
therefor. If entry is refused or cannot be obtained because the owner or other person having
charge or control of the property cannot be found after reasonable search, the officer shall have
recourse to secure lawful entry and inspection of the property.
('74 Code, § 6-18)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-18-03, passed 5-27-03)
§ 91.109DISPOSITION OF MONEY.
(A)All money generated, received or collected by virtue of the provisions of this chapter
are to be set aside and placed in the general fund, except as hereinafter provided.
(B)All money received by the Department of Animal Control through donations, gifts,
bequests or devises shall be payable to the city controller and deposited into a dedicated animal
care fund to be used to promote the safe and humane treatment of animals in the city and county,
to pay for any reasonable expenses incurred promoting the proper care, treatment and
sterilization of animals and education the public regarding the same.No expenditure may be
made from the dedicated animal care fund unless first approved by a majority of the Animal
Control Commissioners.The expenditure of funds from the dedicated animal care fund shall be
subject toall state and local appropriation and purchasing requirements. Any funds donated for a
specific purpose shall be used only consistent with the donor's specific request.
(C)All money generated, received or collected in response to the department's special
fund-raising projects shall be payable to the city controller and deposited in a dedicated animal
control special projects fund to be used in a manner consistent with the announced purpose of
any special fund-raising event or project. No expenditure may be made from the dedicated
animal control special projects fund unless first approved by the Shelter Manager. The
expenditure of funds from the dedicated animal control special projects fund shall be subject to
all state and local appropriation andpurchasing requirements.
(D)The Shelter Manager shall provide the Animal Control Commission, at each meeting, a
report relating to the revenue and expenditures of the dedicated animal care fund and the
dedicated animal control special projects fund.
('74Code,§6-24)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-32-86, passed 8-26-86; Am.
Ord. G-17-88, passed 6-28-88; Am. Ord. G-18-03, passed 5-27-03)
RENTAL HORSES
§ 91.120DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CARRIAGE HORSE.
Any horse or pony which is used by its owner or any other person to
pull any vehicle, carriage, sled, sleigh or other device in exchange fora fee.A horse rented or
leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage
horse for the purposes of this subchapter.
RENTAL HORSE BUSINESS.
A business enterprise which operates a horse drawn vehicle
for hire such as a horse drawn cab, or offers the use of a horse to the public for a fee for the
purpose of riding or pulling a horse drawn vehicle.
STABLE.
Any place, establishment or facility where one or more rental horses are housed,
boarded for a fee,or maintained.
WORK.
A horse is considered to be at work when it is out of its stable and presented to the
public as being available for riding, pulling carriages, vehicles or other device, or when it is
saddled or in harness.
(Ord. G-31-91, passed 1-6-92; Am. Ord. G-18-03, passed 5-27-03)
§ 91.121PERMITS AND ADMINISTRATION.
(A)It shall constitute a violation of this subchapter for any person or corporation to use or
offer for use a horse in a rental horse business without a license issued pursuant to the
regulations and conditions set out hereinafter.No owner or operator of a rental horse business
shall permit a carriage driver to operate without a valid chauffeur or operator's permit to drive.
(B)Licenses shall be issued for a term of one year and shall be renewed annually.
(C)An application for a license or renewal of a license shall be made to the Department of
Animal Control.Applications for renewal must be submitted no later than ten working days
prior to expiration of the current license.All such applications shall contain the name and
address of the owner of the horse and the rental horse business in which such horse is to be used.
The horse shall be identified by breed, age, sex, color, markings, and the location of the stables
where the horse is to be kept, recorded on a veterinary certificate provided by the Fort Wayne
Department of Animal Control.No license shall be transferable.Upon the transfer of ownership
or use of any horse to a new owneror operator shall obtain a new license for such horse within
30 days of the transfer date.
(D)The annual fee for a license or renewal shall be $25 for carriage horses and $10 for
riding horses, and shall be paid upon submission of an applicationto the Department of Animal
Control.
(E)Each horse licensed for use pursuant to these regulations shall be assigned an official
identification number unique to that horse during the duration of its use by the rental horse
business.
(F)An owner or operator of a rental horse business shall keep an accurate daily record of
the movement of each licensed horse including driver's name, horse's identification number,
vehicle license place platenumber, time of leaving stable and time of return to stable.Such
records shall be kept on the premises of the stable where rental horses are kept or maintained and
shall be made available to the Department of Animal Control upon request.
(G)An owner or operator of a rental horse business shall make the stable in which horses
used in the rental business are kept open for inspection at all reasonable time by authorized
personnel of the Department of Animal Control to enforce the provisions of this subchapter.
(Ord. G-31-91, passed 1-6-92; Am. Ord. G-18-03, passed 5-27-03)Penalty, see § 91.999
§ 91.122HOUSING/STABLE PREMISES.
(A)Walls and ceilings.Walls and ceilings shall be kept clean, in good repair, and free of
physical hazards at all times.Stall walls shall be constructed of a safe and secure material, with
boarding set beginning at ground level and close enough to prevent the “casting” of a horse.
(B)Floors.Floors shall be level and free of holes or openings, and shall provide proper
drainage.No horse shall be stabled on a concrete floor without adequate cushioning.
(C)Storageareas.Feed shall be kept in storage areas constructed to permit extermination
treatment in order to be made rodent and insect proof.Feed storage area shall allow no
harborage and be kept vermin free.Storage of feed concentrates shall be in an area inaccessible
to the horses.
(D)Ventilation.Adequate ventilation shall be maintained, but rental horses shall not be
unnecessarily exposed to drafts in stables during cold weather.All stable areas shall be
adequately lighted by natural or artificial means so as to permit effective and safe activities
through day and night.
(E)General sanitation.All interior areas of stable and all exterior areassurrounding a
stable shall be kept clean, properly drained and free of nuisances including, but not limited to,
odors and accumulation of refuse or excrement.Manure accumulations shall be removed from
the premises weekly to prevent rodent and vermin activity.
(F)Stalls.Each stall shall house only one horse or pony.Stalls shall be attended to daily
ensuring clean and dry sufficient bedding of straw, shavings or other suitable material which
shall be changed as often as necessary to maintain them.The ceiling and shortest wall of the
stall shall measure three feet greater than the height of the horse at the withers.
(Ord. G-31-91, passed 1-6-92; Am. Ord. G-18-03, passed 5-27-03)Penalty, see § 91.999
§ 91.123REGULATIONS.
(A)Horses shall not be left untethered or unattended except when confined in a stable or
other enclosure.
(B)While at work, rental horses shall be allowed to drink.However, a rental horse shall
not be allowed to drink in large quantities unless it is first rested.Water shall be offered at
frequent periods throughout the day or in the case of horses not at work, water shall be available
at all times. Troughs shall be cleaned daily.Sufficient nutritional foods and water shall be
provided free of dust, mold, vermin and other contaminants.Rental horses shall be fed at least
twice daily with the larger feeding being provided after the horse has completed work.
(C)Certified weights of all horses and horse drawn vehicles shall be registered with the
Department of Animal Control annually.At the discretion of the Department of Animal Control,
when supported by the opinion of a consulting veterinarian, a rental horse within a business may
be restricted in regard to pulling/riding capacity, based on individual characteristics and abilities.
(D)No rental horse shall be at work for more than eight hours a day.There shall be a rest
period of 15 minutesfor every two working hours.During such rest periods, the person in
charge of such horse shall make fresh water available to the horse.
(E)Rental horses shall not be worked in temperatures below -10° F., with wind chill factor
applied.At no time shall a rental horse be at work when the sum of the relative humidity and
ambient temperature exceeds 160º.For the purposes of this subdivision, temperatures shall be
those measured “downtown” and broadcast by the local radio stations.An operator of a rental
horse already at work at the time the temperatures reach the above described conditions shall
return the passengers to the point of loading and rest the horse in sheltered conditions.
Thereafter, such horses may be worked only when the weatherconditions once again reach
acceptable limits.
(F)Rental horses shall not work on a public highway, street or path during adverse weather
or other conditions which are a threat to the health or safety of the horse or the public.Adverse
weatherconditions may include but shall not be restricted to snow, ice, heavy rain or other
slippery conditions.
(G)Carriage companies shall equip all carriages/horses with a manure catching device for
use at all times while working.
(H)No horse-drawn carriage shall be driven at a speed faster than a trot at any time.All
such carriages shall adhere to state law on slow moving vehicles.No horse drawn carriage shall
be operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through 6:00 p.m.,
Monday through Friday.No horse-drawn carriage shall be allowed on the downtown bus mall
during normal PTC operating hours, or at any time on Jefferson, Washington, Clinton or
Lafayette streets in Fort Wayne except to cross those streetsat intersections controlled by an
automatic signal.
(I)It shall be the responsibility of the owner/operator of a rental horsedrawn carriageto
ensure there is a slow moving vehicle emblem displayed on each carriage, whenever the carriage
is moved, operated, or driven. The triangular slow moving vehicle emblem will be mounted as
near as is practicable to the center of mass and at an approximate height of not less than three
and not more than five feet from level ground or surface. The emblem shall be mounted so as to
be entirely visible from the rear, day or night.
(J) It shall be the responsibility of the owner/operator of a rental horsedrawn carriage to
ensure there are flashing lamps mounted and in use whenever the carriage is moved, operated, or
driven 1 hour before sunrise and 1 hour after sunset. A red or an amber flashing lamp will be
mounted at a height as low as practicable that is visible from a distance of not less than five
hundred feet to the rear. Also, a double-faced flashing lamp may be used, displaying amber light
to the front and red or amber light to the rear.
K)Every horse whose use requires a license hereunder shall be examined by a veterinarian
prior to its use in a rental horse business, and thereafter at intervals of not less than once a year.
The horse shall be examined and treated for internal parasites.Its general physical condition
shall be evaluated, which examination shall include but not be limited to, inspection of teeth,
hooves, and shoes, and for its physical ability to perform the work or duties required of it.The
examination shall also include a record of any injury, disease, or deficiency observed by the
veterinarian at the time, together with any prescription or professional recommendation
regarding humane correction or disposition of the same.An Indiana health certificate containing
the above information and signed by the examining veterinarian shall be maintained at the stable
premises at which such horse is located, and shall contain the identification number, age and
condition of the horse.
(L)The rental horse business shall take immediate action to obtain veterinary treatment,
care and attention when any horse is or becomes sick, diseased, lame or injured.If a horse dies
while at work or in the stable area, or is involved in an accident resulting in an injury to a horse,
the Department of Animal Control shall be notified immediately.
(M)A horse covered by this subchapter which is or becomes lame or suffers from a
physical condition or illness making it unsuitable for work shall be removed from work by the
rental horse business or may be ordered removed from work by the DepartmentofAnimal
Control.Intheevent ofa dispute regarding such physical condition or illness, the Department
may require that a rental horse be examined by a veterinarian in order to determine its ability to
safely work as a rental horse.The cost of any such examination shall be borne solely by the
rental horse company.A horse which has been removed from work under this division shall not
be returned to work until it has recovered from the condition which caused removal from work,
or until such condition has improved sufficiently that its return to work will not aggravate the
condition or otherwise endanger the health of the horse.A violation of this section shall be
presumed if a horse is found at work in a sick or disabled condition within 48 hours after its
removal from work for the same condition which caused such removal.Such presumption may
be rebutted by offering a written statement from a veterinarian who examined the horse after the
time of removal from work but prior to its return to work, which statement sets out the
veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for
the horse to return to work prior the expiration of the 48-hour period.This statement shall be
carried with the horse during the presumed 48-hour recovery period, and provided to the
Department of Animal Control upon request.
(L)Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly
fitted to each horse and kept in good repair.
(M)Horses shall be kept clean while at work and in the stable.Horses shall be trimmed
and shod a minimum of once every six weeks or sooner if necessary.
(Ord. G-31-91, passed 1-6-92; Am. Ord. G-18-03, passed 5-27-03)Penalty, see § 91.999
§ 91.124EXCEPTED FROM COVERAGE.
Rental horse business as defined in § 91.120are excepted from coverage under § 91.060and
are governed solely by the licensing provisions of this subchapter.
(Ord. G-31-91, passed 1-6-92; Am. Ord. G-18-03, passed 5-27-03)
§ 91.999PENALTY.
(A)Violators shall be fined as follows:Any person violating any of the provisions of this
chapter shall be fined for each offense, in any sum not less than $50 nor more than $2,500 and
each day's violation shall constitute a separate offense.
(B)Upon finding of violations of this chapter, the court may order relinquishment of an
animal(s) deemed to be a public safety risk and/or a repetitive public nuisance that has not been
abated or an animal that is a victim of cruelty, neglect, or abandonment, to the Department of
Animal Control for disposition.
(C)Upon finding an animal dangerous pursuant to § 91.034, the court must order
destruction of said animal.Destruction of the animal does not preclude fines for each offense as
outlined in division (A) of this section.
(D)Upon finding of violation of sections pertaining to animal fighting, public safety, and
animal cruelty or neglect, the court may order no animal ownership for a determinate period.
The court may mandate counseling in finding violations of cruelty to an animal or animal
hoarding.
(E)In the event that an animal is retained at the Department of Animal Control because its
owneror harborerhas been in violation of this chapter, the person redeeming the animal by
paying the prescribed fees shall also be subjectrequiredto payingfor medical bills incurred for
routine shots for animals at the departmentthe costs incurred by ACC for impoundment and
caring for includingbut not limited to: 1) surgeries, 2) vaccines, 3) x-rays, 4) medications,
exams, lab work, 5) boarding, 6) rescue equipment, and or 7) perishable personal protection
equipment.
(F)Violations of this chapter may result in immediate impoundment of animal(s).
(G)Violation of any provision of this chapter may resultin revocation of any permit(s) and
may require a re-inspection prior to reinstatement upon approval.
(H) Upon finding an owneror harborerguilty of violations for this chapter, the court may
orderimposerestitution including but not limited to: 1) human medical bills, 2) victim animal
veterinary and/or medical bills, 3) replacement cost of animal,4) property damage, 5) lostwages,
and or 6) counseling or psychological treatment obtained by victimdirectly related toviolation
incident.
('74 Code, §§ 6-21, 6-50)(Ord. G-14-81, passed 9-22-81; Am. Ord. G-17-77, passed 5-24-77;
Am. Ord. G-21-83, passed 7-26-83; Am. Ord. S-22-86, passed 2-25-86; Am. Ord. G-32-86,
passed 8-26-86; Am. Ord. G-20-90, passed 8-28-90; Am. Ord. G-18-03, passed 5-27-03; Am.
Ord. G-03-06, passed 2-28-06)
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