GENERAL ORDINANCE NO. 42-2005
AN ORDINANCE AMENDING GENERAL ORDINANCE NO. 13-2000 ANIMAL CONTROL ORDINANCE
General Ordinance No. 13-2000, codified as Chapter 96 of the City of Marion on Code
of Ordinances, is hereby amended and replaced as follows:
It is the purpose of this ordinance to promote the health, safety, and general welfare
of the residents of The City of Marion by reducing the number of stray dogs and cats. The
council finds that each year thousands of dogs and cats are euthanized in the City of
Marion because they are not wanted.
(A) Definitions. For purposes of this ordinance, the following terms shall be defined
as set forth below:
(1) Animal means any living non-human, warm or cold blooded, vertebrate creature, or reptile, domestic or wild.
(2) Animal Shelter means any premises designated by the City as a site for impounding and caring for animals, confined tmder this Code section.
(3) Animal Control Officer means those persons designated by the Animal Control Service to enforce this Code section.
(4) Animal Control Service means the persons, partnership, corporation, association, or society designated by the Common Council of the City of Marion to enforce this ordinance.
(5) Owner means any person owning, harboring, or keeping any animal.
(6) Restraint means confinement to the premises of the owner, while on or being outside those premises while accompanied by a responsible person keeping control of the animal, being on a leash, chain, or confinement in a fenced area.
(7)Abandonment means the voluntary relinquishment of possession by the Owner with the intention of terminating his or her ownership for 72 hours, but without vesting possession in any other person.
(8) Dog House means housing that is specifically made for housing of a dog with an opening on one side for the animal to enter, and with a roof or an "igloo" style.
(9) Identification means bearing either a microchip, rabies tag, tattoo, or tag bearing the owner's name, address and/or phone number.
(10) Unaltered animal means an animal that is intact or has not been spayed or neutered.
(11) The term Kennel has the meaning which is ascribed to it in the City of Marion, Indiana Zoning Code, as revised from time to time.
- (B) Restraint; Identification. No owner shall fail to keep any of his or her animals under restraint at all times. All dogs and cats must have some type of identification at all times. Any person who violates this provision of this code and upon deemed guilty shall pay a fine not less than fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, and two hundred and twenty five dollars ($225.00) for the third offense.
(l) Provided, however, if the unrestrained animal causes bodily injury to another person or animal the fine will be not less than one hundred twenty five dollars ($125.00) and the Court shall conduct a vicious canine hearing relating to the animal.
(C) Unrestrained animals. Unrestrained animals may be taken by the City Police Department or an animal control officer, and impounded by the Animal Control Service, and there confined in a humane manner. Impounded animals shall be kept for not less than (72) hours unless reclaimed by their owners. Animals not reclaimed by their owners within seventy-two (72) hours may be humanely disposed of by the Animal Control Service or adopted by a new owner. Animals will not be kept for more than 30 days by the Animal Control Service. Adopted animals must be spayed or neutered at the cost of the adopting owner and the Animal Control Service shall adopt policies which allow the Service to reclaim the animal if the adopting owner fails to spay or neuter the animal within a reasonable period of time.
(D) Reclamation Fee. An owner reclaiming an impounded animal shall pay a fee to the Animal Control Service. That fee shall be equal to the actual cost of housing the animal, not to exceed fifty dollars ($50.00) per day. If those fees are not paid, the animal shall be humanely disposed of or adopted by a new owner.
(E) (1) Licensing. The owner of every dog or cat shall purchase a license annually for such dog or cat. The cost of the license shall be two dollars ($2.00) for each altered dog or cat and three dollars ($3.00) for each unaltered dog or cat. The issuance of such licenses shall be administered by the Controller's Department of the City. License fees shall be deposited into the Animal Control Fund established by this Ordinance. Persons violating this ordinance shall be subject to a fIne in the amount of fifty dollars ($50). Each day of noncompliance shall constitute a separate violation. In addition to the fine, an unlicensed animal is subject to impound by the Animal Control Service until proper licensing is obtained. If proper licensing is not obtained within Seventy-Two (72) hours, said animal shall become the property of the Animal Control Service. In addition to
(6) No owner shall abandon any animal. If a person is found guilty of this provision the fme shall be not less than fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, and two hundred twenty-five dollars ($225.00) for the third offense.
collection by the Controller's Office, the Controller may authorize licensed veterinarians to collect the fees identified in this subparagraph and shall provide proper forms and licenses to the licensed veterinarians in order to complete the licensing procedure. The veterinarians shall account for any license fees collected periodically throughout the year but in any event no less often than quarterly. The veterinarians so authorized shall be entitled to retain fifty cents ($.50) for each license collected to defray the cost of administration of the licenses.
(2) Kennel Regulation.
A kennel shall not be operated in the City on property which is not properly zoned for such use (or subject to a validly determined special exception) pursuant to the City of Marion Zoning Code. Kennel operators shall abide by all requirements of the City of Marion Zoning Code, as may be amended from time to time. Kennel operators shall annually purchase a Kennel License from the Controller's Department of the City at the cost of thirty dollars ($30.00). Kennel License fees shall be deposited into the Animal Control Fund established by this Ordinance. Kennel License fees shall be paid in addition to the licensing fee identified in subparagraph (E) (1) above. Operation of a kennel in violation of this ordinance shall subject the operator to a fine in the amount of $100. Each day that the violation continues shall constitute a separate offense.(3) Administration.
The Controller's Office, in consultation with the City Legal Department, shall develop appropriate forms for the licensing procedures described herein.(F) Animal nuisances. No owner shall allow his or her animals to become a public nuisance. Animals who engage in excessive, continuous or untimely barking, harassing persons, chasing vehicles, habitually attacking other animals, trespassing upon school grounds, or trespassing, damaging private property shall be deemed a public nuisance, and shall be impounded.
(G) Bites.K The person responsible for any animal which has bitten a person or another animal must report the incident to the Animal Control Service or local law enforcement. Any animal which bites a person, or which has possibly been exposed to rabies, shall be quarantined for not less than ten (10) days by the Animal Control Service, in a kennel, or with a veterinarian. During quarantine, if the animal is confmed by the Animal Control Service, a charge equal to the actual cost of housing the animal, not to exceed fifty dollars ($50.00) per day, shall be paid to the Animal Control Service. Also during the quarantine period, the owner must provide a current rabies vaccination certificate for his 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 expense before release. Upon receiving information about any animal which has bitten a person or which has possibly been exposed to rabies, the Police Department shall notify the animal shelter. If a veterinarian determines that an animal in quarantine is a possible rabies carrier, the County Health Office shall be notified. Any necessary action shall be to confirm the diagnosis and disposal of the animal.
(H) Vaccination. Each owner of a dog/cat which dog/cat is above the age of six (6) months must procure a rabies vaccination for the animal. The animal must wear the rabies vaccination tag at all times. Any person who is found to have violated this provision of this code shall pay a fine of not less than thirty~five dollars ($35.00) for
the fIrst offense. seventy-five dollars ($75.00) for the second offense and one hundred twenty-five dollars ($125.00) for the third offense.(1) However if the unvaccinated animal causes bodily injury to another person or animal the fme will be not less than one hundred twenty-five dollars ($125.00) and the Court shall conduct a vicious canine hearing relating to the animal ..
(1) Care of Animals. This section of the code applies to the care of animals:
(1) No owner shall recklessly fail to provide animals with sufficient good and wholesome food and water. Any person who violates this provision and found guilty shall pay a fine not less than fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, and two hundred twenty-five dollars ($225.00) for the third offense.
(2) No owner shall recklessly fail to provide animals with proper shelter and protection from the weather. Any person who violates this provision and found guilty shall pay fine not less than fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for second offense, and two hundred twenty-five dollars ($225.00) for third offense.
(3)
No person shall recklessly fail to provide veterinary care for animals. As used in this section, "veterinary care" means proper grooming, medical treatment, and vaccinations against rabies. Tail docking, ear cropping, or spay/neutering, when done by an individual who is not a licensed veterinarian, is a violation of this section. Any person who is fOlllld to have violated this provision shall pay a fme not less than seventy-five dollars ($75.00) for the first offense, two hundred twenty-five dollars ($225.00) for the second offense, and three hundred sixty dollars ($360.00) plus be deemed a habitual offender for the third offense.(4) No person shall recklessly beat, cruelly ill-treat, tonnent, overload, overwork, or otherwise abuse any animal. Any person who is found to have violated this provision shall pay a fme not less than seventy-five dollars ($75.00) for the first offense, two hundred twenty-five dollars ($225.00) for the second offense, and three hundred sixty dollars ($360.00) plus be deemed as a habitual offender for the third offense.
(5) No person shall violate the provisions of Indiana Code 35-46-3. Violations of that chapter shall be prosecuted in accordance with the provisions of state law as contained therein
(1) Proper Restraints. No animal shall be tied or fastened by any rope, chain, or cord that is directly attached to the animal's neck. Restrained animals must wear a properly fitted collar or harness made of leather or nylon, not of the choker type. This is not to prohibit the proper use of choker collars in the training of animals. The tying device shall be attached to the animal's collar or harness and shall be at least twelve (12) feet of free length. If a chain is used, such chain shall not have a total weight of more than one-eighth of the restrained animal's body weight. All animals tethered on the owner's property shall not be able to get closer than three (3) feet from any fence or from another tethered animal. No animal will be tethered for more than three (3) hours during any 24 hour period. Reasonable exercise will be provided for the animal by the owner. An animal in estrus shall not be restrained by rope, chain, or cord but shall be contained in a six-sided enclosure which prohibits the access of an animal of the opposite sex.
(K) Animal Cruelty, Abuse or Neglect. Animals found in cruel, abusive, neglectful situations or abandoned, as defined in the section above, may be promptly impounded if no immediate contact with a responsible person can be made; provided however, that the Animal Control Officer shall attempt to leave written notice on the door of the residence telling the location of the animal and the reason for impoundment.
Animals so removed will be impounded and held at the Animal Control Service or designated facility until such time the violator is in compliance with this chapter; provided, however, that in no event shall this period exceed three (3) days, at which time the animal shall become the property of the Animal Control Service, unless an extension is necessary for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted.
In the case of animals impounded for quarantine at the Animal Control Service, the animal will become property of the Service if not claimed by closing time of the Service on the eleventh day of quarantine.
Animals impounded for reasons beyond the control of the owner, such as, but not limited to, house fire, death of the owner or arrest of the owner, will be held for 10 days during which time a reasonable effort will be made to contact the owner and/or their representative. After the tenth day of impoundment, the animal will become the property of the Animal Control Service.
An animal awaiting disposition by the court shall remain in the custody of the Animal Control Agency, unless such disposition is made, or placed in a foster home until legal arrangements have been completed.
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. Cost of treatment, euthanasia and/or care shall be the responsibility of the owner/agent.
(L)
Sanitary confinement. All animals kept inside or in a pen, tied, fastened, leashed, OJ enclosed by a fence shall be kept in a sanitary manner. No animal shall be kept in feces, mud, water, or with any debris. The person responsible for the animals shall regularly maintain all areas of the animal confinement. Any person found guilty of this provision shall pay a fme not less than Fifty dollars ($50.00) for the first offense, One hundred dollars ($100.00) for the second offense, and Two hundred twenty-five dollars ($225.00] for the third offense.(M) Animal Excrement. Persons responsible for an animal, except visually impaired persons working with service dogs, shall immediately remove the animal's excrement from public lands, sidewalks and rights of way (property between sidewalks and streets) or from the property of another.
(N) Animals struck by Motor Vehicle. 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 the Animal Control Service or the Police Department.
(0) Unattended Animals. No animals shall be left unattended in a vehicle in excessive heat or when the conditions in that vehicle would ,constitute a health hazard to the animal.
(P)
Vicious Canines. This section of the ordinance shall apply to "vicious canines". Vicious canines include:(l) Any canine which, according to the record of the appropriate authority; provided, this section shall not apply to animals under the control of a law enforcement or military agency:
(a) Did bite or attack once, causing wounds or injuries creating a potential danger to the health or life of a human being without provocation in a public or private place where the person was conducting himself peacefully and lawfully;
(b) Required defense action by any person to prevent physical injury or property damage, where the dog has acted without provocation, in a public or private place where the person was conducting himself peacefully and lawfully;
(c) Could not be controlled or restrained at the time of a bite or attack upon a animal or person; and
(2) Any canine owned, harbored or trained primarily or in part for the purpose of canine fighting.
(Q)
Declaration of Vicious Canine. A canine shall be declared a "vicious canine" only after the Animal Control Service has received an Affidavit of Complaint by an individual under oath, stating all pertinent facts to support the allegation that the canine is vicious. Ifthe Animal Control Service determines the complaint is valid, the Animal Control Service shall file a complaint in municipal court. The City Judge, after hearing an the evidence, shall make the final determination as to whether the dog qualifies as a "vicious canine",
(1)
(a) Register the canine with the Animal Control Service within three (3) months of the effective date of the ordinance, which registration shall include two color photographs of the canine.
(b) Notify the Animal Control Service immediately if the canine is given or sold to a new owner, providing the Animal Control Service with the new owner's name, address, and telephone number.
Registration will continue, but the new owner must comply with the other provisions of this statute.
(c) Notify the Animal Control Service immediately if the canine becomes loose or unconfined, attacks livestock, another domestic animal or human being, or inflicts any property damage.
(d) Notify the Animal Control Service of all offspring born to the canine.
(e) Notify the Animal Control Service of the death of the canine.
(f)
Confine the canine in a humane way inside or outside of the owner's property, in a "secure enclosure" (as described in Section E of this Code) so that it cannot escape of its own volition. The owner's property must contain a sign easily readable to the public saying "Beware of Dog".(g) Allow the canine to go off the owner's premises only when it is muzzled and kept on a leash or restraint, no more than six feet long, under the control of a responsible person.
(h) The canine must be "tattooed" or have a microchip placed in the animal by a licensed veterinarian.
I)
Upon a second unrelated bite conviction, the canine may become the property of the Animal Control Service, by order of the Court, to be humanely disposed of.A violation of this section of the ordinance shall be subject to the penalties described in all other parts of the ordinance. In addition, the City Judge in his/her discretion can order the canine impounded in the Animal Control Service, at the owner's expense, until the owner complies with the terms of this section, or can order the destruction of the animal when necessary, to preserve the public health, safety and the welfare of the community.
(R) Prohibited Animals. No person shall place or keep any of the following animals within the city limits of the City of Marion: any and all hoofed animals, including but not limited to poultry, equine (horses, mules), porcine (pigs), bovine (cattle), sheep or goats. This section shall not apply to ducks, geese, or swans which are confined in an owner's yard containing a pond or other water area. Further, this section shall not apply to the real estate located at 1315 and 1403 East State Road 18, Marion, Indiana and commonly known as the Grant County 4-H Fairgrounds.
-(8) Traps. It shall be unlawful and is hereby declared to be a public nuisance for any person to use, place, set or cause to be set within the city or upon lands owned by the city any traps except cage type live traps approved by the Animal Control Service and used for the control of Ulll'estrained or potentially dangerous animals. This prohibition shall not apply to any trap specifically designed to kill rats, mice, gophers or moles so long as the owner of the property is aware of the location where the trap(s) are set and monitors said trap(s) at least once every 24 hours.
Traps discovered by the Animal Control Service to have been unlawfully set in the city may be seized and used as prima-facie evidence that a violation has been committed. Upon conviction, said trap(s) shall be forfeited to and disposed of by the Animal Control Service.
(T) Dead Animals. Any person who shall become apprised of the death of any animal owned by that person shall, within 12 hours thereafter, cause the same to be removed from the premises and taken to the Animal Control Service. veterinarian or cemetery for disposaL
(U) Enforcement. The Animal Control Officer shall have powers in the enforcement of this Code section. No person shall interfere with, hinder, molest, abuse, or fail to provide identification to the Animal Control Officer in the exercise of these powers.
(V) Violation, General Provisions. Any person who violates any provision of this Code section shall be deemed guilty of an ordinance violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) for the first offense, seventy-five dollars ($75.00) for second offense, and one hundred twenty-five dollars ($125.00) for third offense, unless any provision of this ordinance declares otherwise. The maximum fine for any offense shall be Two thousand five hundred dollars (2,500.00). Each day any violation continues or occurs shall be deemed a separate offense.
(W) Habitual Offender. A person shall be declared a habitual offender only after the Animal Control Service has filed a complaint in the municipal court. The City Judge after hearing all the evidence shall make a final determination as to whether the person qualifies as a habitual offender.
(1) A person shan be declared a habitual offender if:
(a) Offender has been found guilty of four or more of the same provisions in the last seven years, or;
(b) Offender has been found guilty of seven or more on any combination of the provisions in the last three years; or
(c) Offender has been found guilty of a provision of this ordinance which designates the Offender as a habitual offender; or
(d) Offender has been found guilty of any section of Indiana Code sections 35-463-7 thru 35-46-3-13.
(2) Any person found guilty of being a habitual offender shall not own, have possession of, or harbor any animals for a minimum of one year but not more than five years as determined by the court. Any animals owned or in the possession of the habitual offender at the time of judgment shaJI be surrendered to the Animal Control Service and become the property of the Animal Control Service.
(3) Any person after being found guilty of a habitual offender who continues to own, harbor, or have possession of an animal in violation of an order entered pursuant to subsection X(2) above shall pay a fme of two thousand five hundred dollars ($2,500.00) plus be subject to a court hearing for being in contempt of court.
X. Animal Control Fund:. There is hereby created for the City of Marion an Animal Control Fund. Such fund shall be nonreverting and shall be used for purposes of animal control and to administer the provisions of this ordinance.
Y. Severability and Effect. If any provisions of this ordinance or any application thereof, is held invalid, the invalidity shall not effect other applications of the provisions or terms of this ordinance which reasonably can be given effect without the invalid provision or term or the application thereof.
Notwithstanding any provision of this ordinance, this ordinance shall not be construed to repeal any former ordinance as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred or any right accrued or claim arising under the former ordinance.
This ordinance shall be in full force and effect from and after its passage and any and all necessary approval by the Mayor, the Department of Local Government Finance, and due publication, but in no event earlier than September I, 2006.