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HomeMy WebLinkAboutAmending Chapter 5 AnimalsORDINANCE No. 6232 -77 Passed by the Common Council of the City of South Bend, Indiana_ Attest: October 11 „, 7 7 L/�' - IRENE K. GAMMON City Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 12 Ig 77 IRENE K. GAMMON Approved and signed by me 13, 19 1 Clerk ORDINANCE NO. G'a 3 Q - i 7 AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT: The intent of this ordinance is to regulate in a safe, practical effective and humane manner the keeping of pets and other animals in the City of South Bend. BE IT ORDAINED BY THE COMMON COUNCIL OF THE.CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 5 of the South Bend Municipal Code is hereby repealed in its entirety. SECTION II. The following sections shall be a new Chapter 5 of the South Bend Municipal Code to replace the provisions repealed by Section I of this ordinance: SECTION 5 -1. Definitions As used in this Chapter: (a) Animal: Any live, vertebrate creature, domestic or wild, including but not limited to dogs, cats and those domesticated animals most often kept and regarded as pets by their owners. (b) Animal Shelter: Any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this ordinance or state law. (c) At Large: Not within the Real Property Limits of the owner or custodian of the animal. (d) Auctions: Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this ordinance. (e) Commercial Animal Establishment: Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal ex- hibition or kennel. (f) Grooming Shop: A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed. (g) Humane.Officer: Any person designated by the State of Indiana, municipal or county government, as an officer who is qualified to perform the duties re- quired by the laws of this city and state regarding animals. (h) Kennel: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats. (i) Owner: Any person, partnership or corporation owning keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. (j). Performing Animal Exhibition: Any spectacle, display, act or event other than circuses, in which performing animals are used. (k) Pet Shop: Any person, partnership or corporation, whether operated separately or in connection with another business enterprise except for a licensed kennel that buys, sells or boards any species of animal. (1) Public Nuisance: Any animal or animals which: (1) molests passerby or passing vehicles; (2) is Y-e-pea*_ed -ly at large; (3) damages private or public property; (4) causes frequent or long continued noise which disturbs the comfort or repose of any person in the vicinity; (5) attacks people, or domesticated animals. (6) causes foul or noxious odors which offend people in the neighborhood (m) Restraint: Any animal secured by a leash or lead, and under control of a responsible person and obedient to that person's commands. (n) Riding School or Stable: Any place which has available for hire, boarding and/or riding instruction any horse, pony, donkey, mule or burro. SECTION 5 -2. Sale of Baby Rabbits, Chicks or Fowl Prohibited; Exception (a) No person shall display, sell, offer for sale, barter or give away baby rabbits, chicks, goslings, ducklings or other fowl as novelties. (b) This section shall not be construed to prohibit the sale or display of natural chicks or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes. SECTION 5 -3. Motorist Hitting Domestic Animal (a) Any person operating a motor vehicle who knowingly hits, runs over or causes injury to any animal shall stop at once, ascertain the extent of injury and re- port to the nearest police station or police officer. (b) The motorist shall report his name, address, operator's license and registration number and the location of the animal. SECTION 5 -4. Keeping Animals in a Manner Detrimental to Human Health, and Forbidding Cruelty to Animals. (a) No person shall keep animals manner which is detrimental safety, or which will create -2- in any place or in any to human health, public a nuisance. (b) No person shall keep more than three dogs or cats over six months of age in a single residential unit in any area of the city which has been zoned either "A" or "B" residential. (c) It shall be unlawful for any owner to fail to provide animals with sufficient good and wholesome food and water, proper shelter and protection from weather, needed veterinary care and humane treatment. It shall be unlawful for any person to inhumanely beat, torment, overload, overwork, underfeed, abandon, or otherwise abuse any animal. SECTION 5.5 Licensing (a) Any person owning, keeping, harboring or having custody of any dog over the age of six (6) months within this municipality must obtain a license as herein provided. (b) Application for licenses shall be made to the Controller, or his designate, which shall include name and address of applicant, description of the dog, written proof of rabies vaccination, and the appropriate fee. (c) Licenses for the keeping of dogs shall be for a period of up to one year. (d) Upon acceptance of the license application and fee, the Controller shall issue an indentification tag (license) with an identifying number and the date of expiration. Tags should be designed so that they may be conveniently fastened or riveted to the dog's collar or harness. (e) Dogs must wear identification tags (licenses) at all times. (f) The Controller shall maintain a record.of the identify- ing numbers of all tags (licenses) issued and shall make this report available to the public. (g) Licenses shall be for a term of one year commencing on January 1st and expiring on December 31st of each year. The fee for licenses purchased after August lst of each year shall be one -half of the applicable fee. A license shall be issued after payment of the applicable fee: (1) for each unneutered male dog $5.00 (2) for each unspayed female dog $5.00 (3) for each neutered male dog $2.00 (4) for each spayed female dog $2.00 At the time during the year, if the dog becomes neutered or spayed, the Controller's Office will rebate the dif- ference upon written proof of neutering or spaying. (i) Any owner who fails to purchase a license(s) as re- quired by this ordinance shall pay an additional ten dollar ($10) charge which shall be added to the regular license fee, upon notice of violation of this e lletownerUmaay aaiso1De1ppun °shedvaoslprovoidoeS in1�eccriona5 -T5. (j) A replacement license may be obtained upon payment of a $2.00 replacement fee. -3- (k) No person may use any license for any dog other than the dog for which it was issued, nor shall any person remove a registration tag from any dog without the consent of the owner. (1) The licensing provisions of this section shall be free for all persons who are handicapped in sight or sound and need the assistance of a properly trained dog to aid them in going from place to place. SECTION 5 -6. Kennel, Pet Shop, Performing Animal Exhibition, Ri School or Stable, Animal Auction, Grooming Shop (a) No person.shall operate or maintain a kennel, pet shop, performing animal exhibition, riding school, stable, animal auction or grooming shop without first having obtained a license from the Controller. (b) The application for a license for any of these es- tablishments shall describe the proposed location and the purposes for which it is maintained. The application shall be accompanied by the written approval of the humane officer, showing compliance with the local and state regulations governing location of and sanitation at the establishment, and the written approval of the building official showing compliance with the local regulations concerning buildings and zoning. (c) The annual license for the maintenance of any of these establishments shall be twenty -five dollars ($25.00). (d) All licenses issued for any of these establishments shall be for the term of one year and shall commence on January 1st and expire on December 31st. (e) Any person holding a license for any of these es- tablishments shall not be required to obtain in- dividual licenses for the dogs owned or boarded by such licensee and kept at the licensed premises. (f) Licenses for such establishments shall not be trans- ferable from one owner to another or to different premises. (g) Any license issued under the provisions of Section 5 -6 may be suspended or revoked for violation of any local, county or state law regulating such establishment upon notice and hearing to the licensee as provided in Section 1 -18 of the Municipal Code. SECTION 5 -7. Restraint (a) No animal shall be permitted to run at large. (b) No owner shall fail to exercise proper care and con- trol of his animals to prevent them from becoming a public nuisance. (c) Every unspayed female dog or cat in heat shall be confined in such a manner that such female dog or cat cannot come into contract with another animal except for planned breeding. -4- SECTION 5 -8. Impounding and Violation Notice (a) All animals found to be at large may be taken by the police, animal control officer, or humane officers and impounded. (b) If any dangerous, ferocious or vicious animal found at large cannot be safely taken up and impounded, such animal may be slain by any police or animal control officer. (c) Impounded dogs without city tags (licenses) must be kept for two days before being adopted out or euthanized after their impoundment. (d) Impounded dogs with city tags (licenses) shall be kept for not less than five days to permit their owners to claim them. After the five -day period has elapsed, these dogs may be placed for adoption or euthanized if their owners have not claimed them and paid the required fees. (e) All other impounded animals (except dogs which are specifically covered herein) shall be under the authority of the animal shelter. The animals shall be held at least one day, after which time the animal shelter shall have the authority to take whatever action is necessary with regards to adoption or euthanasia for such animals. (f) An owner reclaiming an impounded.animal shall pay to the animal shelter a fee of $5.00 plus $3.00 for each day the animal has been impounded. (g) In addition to, or in lieu of impounding an animal found at large, the animal control officer, humane officer or police officer may issue to the owner of such animal a notice of ordinance violation. Upon conviction of a violation of this ordinance, the owner may be punished as provided in Section 5 -15 of this ordinance. (h) No unlicensed dog shall be released from an animal shelter without a license being issued in accordance with this chapter. (i) Nothing contained herein shall limit the animal shelter's authority to take whatever action is rea- sonably necessary to deal with a sick or injuried animal. (j) If upon release, any animal is again found to be at large, the animal may be impounded, and the owner shall be subject to the penalty provided in Section 5 -15. SECTION 5 -9. Animal Bites (a) If any person is the victim of or witness to an animal bite, he shall immediately notify the South Bend Police Department or its designee of the in- cident, and provide a description of the animal and the identification, if possible, of the owner. When an animal is determined to have bitten a person, the animal shall be confined in quarantine for a period of not less than fourteen days, with the exact dura- tion subject to the judgement of the humane officer. -5- (b) If the owner of an animal which has bitten a person has proof of current rabies innoculation, the animal may be left in the charge of the owner under quarantine unless in the judgment of the humane officer and based upon considerations of public safety he determines it should be removed to an animal shelter or veterinary hospital for the period of observation. (c) The owner shall be liable for costs incurred in the quarantine of the animal and for any personal and property damage realized by the incident. (d) If the ownership of the biting animal cannot be determined, or if the owner does not furnish proof of current rabies innoculation, the animal shall be impounded for the period of observation. (e) Humane officers shall be empowered to enter onto private property for the purpose of impounding animal(s) which are known to have bitten a person and shall obtain legal process to do so if necessary. SECTION 5 -10. Animal Wastes The owner of every animal shall be responsible for the immediate removal of any excreta deposited by his animal(s) on public or private property. SECTION 5 -11. Neutering and Spaying No dog or cat shall be released by an animal shelter for adoption to a South Bend city resident without being neutered or spayed or without a written agreement from the adopter guaranteeing that such animal shall be neutered or spayed within a reasonable time. SECTION 5 -12. Vaccination of Dogs Required (a) No owner of any dog shall keep or maintain a dog over the age of six (6) months unless it has been vaccinated by a licensed veterinary surgeon with anti- rabies vaccine. (b) Proof of vaccination shall be maintained by the owner for display if requested by the city or its agents or officers. SECTION 5 -13. Rabies; Procedure if Suspected (a) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be confined on the owner's premises (b) No person knowing or suspecting an animal of having rabies shall allow such animal to be taken off his premises or beyond the limits of the city without the permission of the humane officer. (c) Every owner or other person, upon ascertaining an animal is rabid, shall immediately notify the humane officer or a policeman, who shall either impound the animal or destroy it. SECTION 5 -14. Interference with a.Humane Officer It shall be a violation of this chapter to interfere with a humane officer in the performance of his duties. SECTION 5 -15. Penalties Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty -five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation. SECTION 5 -16. Severability Clause If any part of this ordinance shall be held invalid, such part shall be deemed severable and.the invalidity thereof shall not affect the remaining parts of this ordinance. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval of the Mayor. Passed, as amended, October 11, 1977 On it4t (fammon (IIonnru of t4r Ti#y of ftut4 Nrnb: Your Committee of the Whole to whom was referred A BILL amending Chapter 5, animals of the Municipal Code of the city of South Bend, Indiana. Respectfully report that they have examined the matter and that in their opinion this bill be recommended to the Council favorable& as amended: See attached amendments. Section 5 -8 (c) after (licenses) must be kept for two days, is to be added. Section 5 -8 (e) second sentence. The animals shall be held at least one day, after which time the animal shelter shall have the authority to take whatever action is necessary with regards to adoption or euthanasia for such animals. Section 5 -8 (j) remove and destroyed, change or to and. Frank Horvath Chairman FRES PRESS $JESP9, PUBLISHING CO.