Chapter 9.08 ANIMAL CARE AND CONTROL

AT LARGE means not confined without means of escape in a pen, corral, yard, cage, house, vehicle or other secure enclosure, unless on a leash and under the control of a competent human being.

COLONY means a group of one or more free-roaming cats, whether unmanaged or managed.

COLONY CARETAKER means a person who provides food, water and shelter for free-roaming cats in a managed colony.

CRIME PREVENTION DOG means and includes a dog which is trained and used by its owner or keeper primarily for the protection of persons or property, or both.

DANGEROUS ANIMAL means any animal that:

(1) Would constitute a danger to human life or property if it were not kept in the manner required by this chapter; or

(2) Has caused serious injury to a person without having been provoked by that person; or

(3) At a place other than its owner’s or keeper’s property has:

(a) Chased or approached a person in a menacing fashion or apparent attitude of attack; or

(b) Attacked another domestic animal; or

(4) Because of its training or behavior, is capable of inflicting physical harm or death to humans.

DOG means and includes animals of the Canis familiaris species, and hybrids of a Canis familiaris and any other member of the Canis and Vulpes genuses, including wolves and foxes.

DOMESTIC ANIMALS means rabbits, cattle, horses, ponies, mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats and poultry.

EXPOSED TO RABIES. An animal has been exposed to rabies if it has been bitten by or been in contact with any animal known or reasonably suspected to have been infected with rabies.

FREE-ROAMING CAT means any homeless, stray, wild or untamed cat.

KENNEL means a facility operated commercially and principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats, or both. For purposes of this chapter, KENNEL shall not include a facility in or adjoining a private residence where dogs or cats are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property shall not make such property a kennel for the purposes of this chapter.

LAW ENFORCEMENT ANIMAL means an animal that is owned or used by a law enforcement agency for the purpose of aiding in the detection of criminal activity, enforcement of laws, the apprehension of offenders and ensuring the public welfare.

MANAGED COLONY means a colony of free-roaming cats that is registered with the animal care and control division or its designee and is maintained by a colony caretaker using trap, neuter, return methodology.

MONITORED means the animal or dog:

(1) Is controlled by means of a leash or other device held by a competent person, subject to the provisions of Marion County Ordinance Sections 531-401 and 531-728, which animal or dog is sufficiently near the owner or handler as to be under his or her direct control and is obedient to that person’s command; or

(2) Is on or within a vehicle being driven or parked; or

(3) Is confined as required by this chapter.

NONBITE EXPOSURE means and includes scratches, abrasions, open wounds or mucous membranes contaminated with saliva or other potentially infectious material from a rabid animal.

OWN means to keep, harbor or have custody, charge or control of an animal, and OWNER means and includes any person who owns an animal; however, veterinarians and operators of kennels, pet shops and stables, as those terms are defined in Marion County Ordinance Chapter 836, who temporarily keep animals owned by, or held for sale to, other persons shall not be deemed to own or be owners of such animals, but rather to be keepers of animals, and colony caretakers of managed colonies of free-roaming cats shall not be deemed to be owners or keepers of such animals.

PERSON means and includes any individual, corporation, partnership or other association or organization, but shall exclude the following:

(1) Police officers, federal or state armed forces, park rangers, game wardens, conservation officers and other such governmental agencies, with respect to actions which constitute a discharge of their official duties; and

(2) An individual, partnership, corporation or other association, organization, or institution of higher education, which is registered as a research facility with the United States Secretary of Agriculture under 7 U.S.C. 2131 et seq., commonly known as the “Animal Welfare Act,” while engaged in the course of their performance as such.

PERSONAL KENNEL means a facility in or adjoining a private residence where dogs or cats in excess of 10 animals total are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property may occur. This definition does not include the harboring or breeding of any animals for the sale or use in illegal activities.

POTENTIALLY DANGEROUS DOG means any dog that:

(1) Causes injury to a person or domestic animal which is less severe than a serious injury; or

(2) Chases or menaces a person or domestic animal without provocation; or

(3) Runs at large in violation of Section 9.08.020(C)(2).

PROVOKE means the infliction of bodily harm on the animal or another person, or conduct that constitutes a substantial step toward the infliction of bodily harm on the animal or another person.

PUBLIC SAFETY BOARD means the Marion County Board of Public Safety of the Department of Public Safety.

QUARANTINING AUTHORITY means the Department of Public Safety, its contractors, agents, employees and designees, acting under directives and regulations of the Health and Hospital Corporation of Marion County or the State Board of Animal Health.

SERIOUS INJURY, for purposes of this chapter, means any injury which results in a broken bone, lacerations severe enough to require multiple sutures, or to render cosmetic surgery necessary or appropriate, or death.

SHELTER means the animal care and control facility located at 2600 South Harding Street in the City of Indianapolis.

VETERINARIAN means a person licensed to practice veterinary medicine in the state.

WILD ANIMAL means and includes:

(1) A Class III wild animal for which a state permit is required for wild animal rehabilitation, possession of a relocated wild animal, or confining and enclosing wild animals under Fish and Wildlife statutes; and

(2) A venomous snake, poisonous amphibian, or other large reptile. (Ord. 9.08 § 101, passed 11-16-2009)

Cross references:

Definitions generally, Chapter 102 of the Marion County Ordinances.

9.08.020 ANIMALS AT LARGE PROHIBITED; PENALTIES.

(A) It shall be unlawful for the owner or keeper of an animal to cause, suffer, or allow that animal which is owned or kept by such person to be at large in the City.

(B) Except as provided in subsection (C) of this section, the first violation in any 12-month period shall subject the owner to an admission of violation and payment of a fine of not less than $25 or greater than $50, and all subsequent violations in a 12-month period are subject to a fine of not less than $100 or a maximum fine of not more than $200 per violation.

(C) If, while the animal is at large in violation of this section at a location other than its owner’s or keeper’s property, it:

(1) Attacks another animal; or

(2) Chases or approaches a person in a menacing fashion or apparent attitude of attack;

then the violation shall be subject to the enforcement procedures and the fine imposed shall not be less than $250, or $500 if another animal or person is injured as a result of the animal’s actions. Fines collected under this section shall be dispersed evenly (50% to each) between:

(3) The City of Southport as compensation for the administration of this chapter; and

(4) The injured person or the owner of the injured animal to offset any cost of medical treatment.

This section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at I.C. 15-5-12, et seq. or by common law. (Ord. 9.08 § 102, passed 11-16-2009)

9.08.030 CONFINEMENT OF FEMALE ANIMALS IN HEAT.

The owner or keeper of any female animal in heat kept in the City shall confine the animal within a secure enclosure and in such a manner as to prevent it from becoming a nuisance. (Ord. 9.08 § 103, passed 11-16-2009)

9.08.040 KEEPING SWINE.

It shall be unlawful for a person to keep swine on premises in the City of Southport, unless such premises are stockyards, slaughterhouses, or other premises where the keeping or raising of livestock is permitted by county zoning ordinances. (Ord. 9.08 § 104, passed 11-16-2009)

9.08.050 KEEPING HORSES, PONIES, MULES, DONKEYS, JACKASSES, LLAMAS, AND POULTRY.

It shall be unlawful for a person to own, keep, or breed a horse, pony, mule, donkey, jackass, llama or poultry in the City of Southport on premises which measure less than 8,000 square feet in a lot area per animal, unless such premises are registered as a stable under Marion County ordinances. (Ord. 9.08 § 105, passed 11-16-2009)

9.08.060 REPORT OF VEHICULAR COLLISION WITH DOMESTIC ANIMAL.

A person whose vehicle causes injury or death to a domestic animal in the City shall stop at once, assess the extent of the injury to the extent that it is safe to do so, and immediately notify the animal’s owner, if known, or the Marion County Animal Care and Control Shelter, either directly or through a local law enforcement agency, together with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained. Such person shall not be required to report his or her name, as the only purpose of this requirement is to aid the stricken animal and notify its owner, if any. (Ord. 9.08 § 106, passed 11-16-2009)

9.08.070 CUSTODY AND DISPOSITION OF DEAD ANIMALS.

It shall be unlawful for a person to allow the body, or parts thereof, of any dead animal to be kept, held, or disposed of in violation of this section, as follows:

(A) No public or private carrier shall either transport any dead animal through or into the City, or allow it to remain in or on any of its cars, vehicles, tracks or places controlled by it, in either instance longer than five hours;

(B) No person who operates a slaughterhouse, butcher shop or other place in the City shall permit any parts or offal of dead animals that are not fit and intended for use as food to accumulate or be kept on such premises for over 24 hours after being received, or after the death of such animal;

(C) No person shall skin, dismember, dissect, cut up or dispose of the body of a dead animal, or any parts thereof, in the City, unless the person is regularly engaged in such business of killing and disposing of such animals for use as food or otherwise, and is so authorized by law, or does so for the person’s own use; and

(D) No person shall possess, keep, use or dispose of anywhere in the City a dead animal or parts thereof, or offal of a live animal, in any manner that creates offensive odors or sights, or constitutes a public nuisance which affects health and comfort in any respect.

Exception: Subsection (D) of this section is not intended to prohibit the owner of a deceased domestic dog or cat from burying said animal upon their personal primary residential land parcel should they wish to do so. (Ord. 9.08 § 107, passed 11-16-2009)

9.08.080 DISPOSITION OF DEAD ANIMALS BY THE CITY.

The Marion County Department of Public Works, upon request, may provide to persons or entities the service of picking up dead animal bodies and body parts and the lawful disposition of them. When the County Department of Public Works picks up dead animal bodies or parts from places other than the City streets and rights-of-way, it shall charge a fee of $6 per separate body part for this service. If the body is located on private property, this fee shall be paid by the property owner. If the body is on public property of the City of Southport, this fee shall be paid by the City of Southport. (Ord. 9.08 § 108, passed 11-16-2009)

9.08.090 OWNER RESPONSIBILITY FOR ANIMAL ATTACKS.

(A) It shall be unlawful for an owner or keeper of an animal to allow that animal to attack and injure a person who did not provoke the animal prior to the attack.

(B) It shall be a defense to prosecution under this section if:

(1) The attack occurred in an enclosure in which the animal was confined without means of escape, there was posted at the main entrance of the enclosure a notice to beware of the animal, and the person attacked entered the enclosure without invitation; or

(2) The person was attacked during the commission or attempted commission of a criminal act on the property of the owner or keeper of the animal.

(C) A person who violates any provision of this section shall be punishable as provided in Section 9.08.020(C); provided, however, a fine imposed for any such violation shall not be less than $500. If the violation results in the animal causing serious bodily injury to any person, the court upon request shall order the animal forfeited and/or destroyed.

(D) The liability imposed by this section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at I.C. 15-5-12, et seq. or by common law. (Ord. 9.08 § 109, passed 11-16-2009)

ARTICLE II. DOGS AND CATS

9.08.100 APPLICATION OF ARTICLE.

The provisions of this article shall be supplemental to the other provisions of this chapter which pertain to dogs or cats. (Ord. 9.08 § 201, passed 11-16-2009)

9.08.110 PERMANENT IDENTIFICATION OF DOGS AND CATS REQUIRED.

(A) A person who owns a dog or cat in the City shall ensure that each dog or cat owned by that person bears a permanent means of identification at all times, such that the owner of a lost or stolen dog or cat can be ascertained quickly and easily.

Exceptions:

(1) Cats that are permanently housed inside structures.

(2) Cats that are part of a controlled feral (managed colony).

(B) The means of identification required by this section shall be in addition to any tags required to be worn by dogs or cats by state law or other provision of this code, and shall be either by means of:

(1) A microchip implanted in the dog or cat or animal which bears a registered identification number, and which can be read by a standard microchip scanner; or

(2) A permanent tag attached to a durable collar worn at all times by the dog or cat, and bearing the owner’s current name, address and telephone number. To help assure the safety of the cat, it is recommended that collars placed upon cats be of a “break-away” safety type.

(C) Each veterinarian or other person in the City who implants microchips as contemplated in this section shall, at an interval of not less than once each month, send to the County Animal Care and Control Division the names, addresses, and phone numbers of the owners of the dogs and cats, and the corresponding microchip identification numbers. Such records shall be available to the County Animal Care and Control Division without court order.

(D) It shall be unlawful for a person to own a dog or cat three months of age or older which is kept in the City, and which does not bear a permanent means of identification as provided in this section. A violation of this section shall be subject to a fine imposed for any such violation that shall not be less than $50 or greater than $100. (Ord. 9.08 § 202, passed 11-16-2009)

9.08.120 DOG CURBING REQUIREMENTS.

(A) No person knowingly shall allow a dog which is kept by that person to defecate on a public street, byway, municipally owned or public land or building, or upon private property, in the City without the prior permission of the owner of such property; however, if an animal defecates on property described in this subsection, the animal’s owner or keeper shall promptly remove any feces to a waste container, or otherwise dispose of such material in a manner inoffensive to reasonable public sensibilities.

(B) Notwithstanding the provisions of subsection (A) of this section, the owner of a dog serving a vision-impaired person in an auxiliary ocular capacity or in any capacity to assist such person with a physical impairment may permit such dog to relieve itself on ground situated outside of pedestrian or vehicular traffic ways, and is relieved of the requirement to remove any feces to the extent such requirement is impractical for a person of such impairment.

(C) No person shall knowingly allow his or her dog to disperse waste material placed for public or private collection upon any public street, or byway or right-of-way, or any municipally owned or public land or building, or upon private property.

(D) A person who violates any provision of this section shall be subject to a fine imposed for any such violation that shall not be less than $25. (Ord. 9.08 § 203, passed 11-16-2009)

9.08.130 ANIMALS CAUSING NUISANCE PROHIBITED.

(A) It shall be unlawful for a person to own or keep any animal which by frequent or habitual howling, yelping, barking, screeching, other vocalization or otherwise shall cause serious annoyance or disturbance to persons in the vicinity.

(B) A person who violates any provision of this section shall be subject to a fine imposed for the first such violation that shall not be less than $25; subsequent or continued violations may also subject the owner to impoundment of the animal by a person having authority to impound such an animal. (Ord. 9.08 § 204, passed 11-16-2009)

9.08.140 CARE FOR FREE-ROAMING DOGS AND CATS PROHIBITED.

It shall be unlawful for a person to provide food, water or shelter to free-roaming dogs or cats. People feeding cats are to be referred to the TNR designee for assistance.

Exceptions:

(A) The cats are members of a managed colony as defined within this chapter and registered with the County Animal Care and Control Division or its designee; and

(B) The food, water or shelter is provided in conjunction with the implementation of a feral cat trap, neuter, and return methodology as set forth in Section 9.08.180. (Ord. 9.08 § 205, passed 11-16-2009)

9.08.150 UNLAWFUL USE OF A DOG.

(A) It shall be unlawful for a person to make use of a dog in the commission or furtherance of any criminal act in the City.

(B) When a law enforcement officer believes a dog is being used in the commission or furtherance of any criminal act in the City, the dog shall be taken, transported to the animal care and control facility and retained there until such time as the court findings are final in regard to the charges brought against the owner. The owner shall be responsible for reasonable fees associated with the care of the animal during the holding period. These fees shall be paid prior to the release of the animal back to the owner.

(C) A person who is found guilty of violating this section shall be subject to a fine imposed for any such violation that shall not be less than $500.

(D) Upon a finding of violation, the court shall order the dog forfeited and:

(1) Be destroyed, should the training and/or temperament of the dog be such that it constitutes a public safety concern; or

(2) Be destroyed, should the training and/or temperament of the dog be of such a nature that future use of the dog in criminal activity is likely; or

(3) Be adopted to a new owner; or

(4) Be destroyed should a new owner not be found in the customary time allotted for adoption. (Ord. 9.08 § 206, passed 11-16-2009)

9.08.160 DOMESTIC ANIMALS IN VEHICLES.

(A) It shall be unlawful to leave a domestic animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.

(B) It shall be unlawful for any domestic animal to ride in the bed of a pickup truck on public streets, highways and/or rights-of-way unless the animal is securely caged and protected from the environment or unless the bed of the pickup truck is enclosed with a camper shell or other device and there is appropriate and sufficient ventilation.

(C) It shall be unlawful for any domestic animal to be left unattended in a vehicle in such a manner that the animal could have access to exit the vehicle or bite or injure persons outside the vehicle. (Ord. 9.08 § 207, passed 11-16-2009)

9.08.170 LOST OR STRAY DOMESTIC ANIMALS.

(A) Persons finding a stray animal are to notify the Marion County Animal Care and Control Division within 48 hours. At the discretion of the Division, the animal may be kept by the finder and a found report left with the Division, to enable the finder an opportunity to return the animal to its rightful owner.

(B) Upon demand, by the Animal Care and Control Division, any found animal will be taken to an appropriate facility and scanned for an identifying microchip.

(C) Persons finding an animal are obligated to comply with all the rules and regulations of this chapter pertaining to the 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 Humane Society of Indianapolis or other humane and/or breed rescue organizations recognized by the Marion County Animal Care and Control Division, the finder will be considered the found animal’s owner for purposes of this chapter only after the animal is in the finder’s custody for 30 continuous days. (Ord. 9.08 § 208, passed 11-16-2009)

9.08.180 MANAGED FREE-ROAMING CATS.

(A) The Marion County Animal Care and Control Division or its designee, in order to encourage the stabilization of the free-roaming cat population in the City, may:

(1) Trap any free-roaming cat in a humane manner;

(2) Have the cat surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed veterinarian; and

(3) Release the cat to Animal Care and Control for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of free-roaming cats.

(B) The enforcement authority may impound free-roaming cats that are believed to be in violation of this chapter and dispose of the cats as described elsewhere in this code. Any free-roaming cat impounded by the enforcement authority that bears an appropriate ear-tipping indicating it belongs to a managed colony may, at the discretion of the Marion County Animal Care and Control Division, be returned to its managed colony unless illness or injury present an imminent danger to public health or safety. (Ord. 9.08 § 209, passed 11-16-2009)

9.08.190 COLONY CARETAKER RESPONSIBILITIES.

(A) Colony caretakers shall abide by standard guidelines devised by the Marion County Animal Care and Control Division or its designee regarding the provision of food, water, shelter and veterinary care for cats within the managed colony.

(B) Colony caretakers shall have a licensed veterinarian evaluate the health of all trapped free-roaming cats. Seriously ill or injured cats with no reasonable prognosis for humane rehabilitation for survival outdoors will be humanely euthanized.

(C) A person who violates any provision of this section shall be subject to a fine imposed for the first such violation that shall not be less than $25; subsequent or continued violations may result in caretaker’s removal from management of the managed colony, or the designee’s removal from the program. (Ord. 9.08 § 210, passed 11-16-2009)

9.08.200 KENNEL LICENSES.

(A) A person who holds more than four dogs or cats as a paid service provider of welfare for the animals for the owner for the purpose of training, breeding or care during the absence of the owner for over three consecutive days shall obtain a professional kennel license from the City of Southport.

(1) Exception: Veterinarian clinics licensed to operate by the state of Indiana.

(B) A person who holds more than four dogs or cats as a personal hobby or companionship shall obtain a personal kennel license from the City of Southport.

(1) Exception: Controlled feral colony of cats in accordance with Sections 9.08.180 and 9.08.190 and any other applicable sections.

(C) All kennel licenses shall expire on January 1 of each calendar year and the holder of the license shall receive notice of renewal from the City of Southport. (Ord. 9.08 § 211, passed 11-16-2009)

9.08.210 KENNEL INSPECTIONS.

(A) Each kennel, both professional and personal, as a requirement of permit renew, shall schedule an inspection of the facilities when applying for the permit renewal.

(B) The facility inspection shall be scheduled at a reasonable time and shall be performed by a designated City employee or other individual designated by the City administration. (Ord. 9.08 § 212, passed 11-16-2009)

9.08.220 INSPECTION REPORTS.

(A) Kennels found to be in violation of the standards shall receive an inspection report describing the violations found within 10 days of the inspection.

(B) The owner/operator of the kennel shall correct the violations within 30 calendar days of receipt of the inspection report.

(C) A copy of the inspection report shall be filed with the Board of Public Safety at the first Board meeting after the inspection. (Ord. 9.08 § 213, passed 11-16-2009)

9.08.230 FEES.

The holder of a kennel license shall pay a renewal fee and an inspection fee as prescribed by the City of Southport. (Ord. 9.08 § 213, passed 11-16-2009)

9.08.240 KENNEL STANDARDS.

(A) All kennels shall provide conditions consistent with Article IV of this chapter.

(B) Should conditions be found to be seriously detrimental to the health, safety and welfare of the animals or could lead to the imminent deaths of the animals, the Marion County Department of Animal Control shall be notified immediately.

(C) Should the owner/keeper of the kennel disagree with the findings contained in the inspection report, he/she may file a challenge in writing to the Board of Public Safety. (Ord. 9.08 § 214, passed 11-16-2009)

ARTICLE III. RABIES CONTROL

9.08.250 ANTI-RABIES VACCINATIONS REQUIRED FOR DOGS AND CATS.

(A) It shall be unlawful to keep a dog or cat or to provide food, water or shelter to a colony of free-roaming cats over the age of three months in the City unless each cat or dog is immunized against rabies by a vaccination performed by a veterinarian and the period of immunization specified by the veterinarian performing the vaccination has not expired.

(B) A violation of this section shall be subject to a fine for any such violation when such violation is in conjunction with an injury or nonbite exposure, shall not be less than $100. (Ord. 9.08 § 301, passed 11-16-2009)

9.08.260 RECORD OF ANTI-RABIES VACCINATIONS; TAG REQUIRED.

(A) A veterinarian who administers an anti-rabies vaccination in the City shall, at the time a dog or cat is vaccinated, issue to the animal’s owner a durable anti-rabies vaccination tag upon which is imprinted with the name of the veterinarian’s facility, telephone number and the year and serial number of the vaccination.

(B) Each owner of a dog or cat that is kept in the City shall cause the anti-rabies vaccination tag to be affixed to the animal’s collar, and to be worn in compliance with Section 9.08.110.

(C) A veterinarian who administers an anti-rabies vaccination in the City to a free-roaming cat shall provide to the colony caretaker written documentation of the administration of the vaccine, which shall include the name of the veterinarian’s facility, telephone number and the year and serial number of the vaccination.

(D) A colony caretaker of a colony of free-roaming cats must maintain at all times, for inspection by the enforcement authority as defined in Article VII of this chapter, a record of anti-rabies vaccination for all free-roaming cats within a colony. (Ord. 9.08 § 302, passed 11-16-2009)

9.08.270 PRECAUTIONARY MEASURES, AND INDIVIDUAL ANIMAL QUARANTINE.

A captured animal known to have bitten or otherwise exposed a person to the possibility of contracting rabies through nonbite exposure in the City shall be humanely quarantined for a period of not less than 10 days. In the sole discretion of the quarantining authority, the quarantine may be on the premises of the owner, at the Marion County Animal Care and Control Shelter or those of its contractors, if any, or at the owner’s expense in a kennel or veterinary hospital. (Ord. 9.08 § 303, passed 11-16-2009)

9.08.280 SURRENDER OF SUSPECTED ANIMAL BY OWNER.

Whenever the quarantining authority has reasonable cause to suspect that an animal in the City has been exposed to rabies, or bitten or exposed through nonbite exposure a person to rabies, such animal shall be surrendered by its owner for quarantine and observation, at the owner’s expense, promptly upon demand by the quarantining authority. Such quarantine and observation shall be at the owner of the animal’s expense. (Ord. 9.08 § 304, passed 11-16-2009)

9.08.290 FINDING OF RABIES; GENERAL QUARANTINE.

(A) When an animal quarantined in the City has been found rabid or is suspected of being rabid by a veterinarian and dies while under observation, the quarantining authority shall take such action as is specified in such cases by the State Board of Animal Health and shall notify the proper public health officials of reports of human contacts made by, and the diagnosis made of, the animal.

(B) When a rabies report is made under subsection (A) of this section, the quarantining authority shall recommend to the Director of the Marion County Department of Public Safety a general quarantine in the City for a period of 30 days. Upon invocation of the general quarantine by the Director, any animal found at large in the City and suspected of infection may be placed in quarantine or destroyed without being impounded if such immediate destruction is necessary to secure public health. During the quarantine period, every animal bitten or exposed through nonbite exposure by an animal adjudged to be rabid shall be confined, at its owner’s expense, or destroyed as specified by the State Board of Animal Health.

(C) During a general quarantine declared by the Director under this section, an animal’s owner or keeper who resists the quarantining authority acting under this chapter, or who permits an animal owned or kept by that person to be at large in the City, shall be punishable by a fine not to exceed $500, and any animal which is suspected of being rabid or is in violation of the general quarantine shall be impounded. (Ord. 9.08 § 305, passed 11-16-2009)

9.08.300 DISPOSITION OF RABID ANIMALS.

The quarantining authority shall dispose of any animal reasonably suspected by it of being infected with rabies in the City in accordance with the rules and regulations of the State Board of Animal Health. Should the owner of such animal be known, the authority shall make a reasonable attempt to contact the owner and notify them of the animal’s condition a minimum of two hours prior to the destruction of the animal. If the infected animal is at large, it may be destroyed immediately with the notice given to the owner within 24 hours after the destruction of the animal. (Ord. 9.08 § 306, passed 11-16-2009)

9.08.310 REPORTS BY VETERINARIANS.

Each veterinarian in the City shall report to the quarantining authority animals suspected by the veterinarian of being rabid. (Ord. 9.08 § 307, passed 11-16-2009)

ARTICLE IV. CARE AND TREATMENT

9.08.320 GENERAL REQUIREMENTS FOR ANIMAL CARE AND TREATMENT.

(A) Every owner or keeper of an animal kept in the City shall see that such animal:

(1) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems maintain all animal areas or areas of animal contact;

(2) Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;

(3) Shall not be tethered by use of a choke collar, or on any collar too small for the size and age of the animal, or by any rope, chain or cord directly attached to the animal’s neck, or by a leash less than 12 feet in length, or by any tether or leash without swivels on both ends, or of such unreasonable weight as to prevent the animal from moving about freely;

(4) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;

(5) Shall provide the reasonably necessary medical care, in addition to the required rabies vaccination which shall include recommended vaccinations as required by accepted veterinary standards, and if diseased or injured, or exhibiting symptoms of disease, receives proper care and is segregated from other animals so as to prevent transmittal of the disease; and

(6) Is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the City Department of Public Safety and in effect from time to time.

(B) It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the City, or to fail to comply with any requirement of subsection (A) of this section.

(C) It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any unsterilized dog for any period of time unless it is monitored by a competent adult for the duration of such tethering; or to tether or confine an animal at a vacant structure or premises for any purpose or time when it is not monitored by a competent adult who is present at the property for the duration of such tethering or confinement.

(D) A person who violates any provision of this section for the first time may be given written notice of the practices or conditions which constitute the violation, and the enforcement authority shall in such instance direct remedies to such person where appropriate and provide a time period of no longer than 30 days within which to correct the violation(s). Failure of the person to correct the violations within the specified time period shall constitute prima facie evidence of this section.

(E) A person who violates any provision of this section shall be subject to the fines imposed for any such violations as follows:

(1) For the first violation, not less than $25; and

(2) For the second or subsequent violations, not less than $200, and the court upon request shall order forfeiture or other disposition of the animal involved. A judgment by the court which orders forfeiture or other disposition of the animal by the City or any third party shall include as a part of such judgment adequate provisions for the collection of costs of forfeiture or impoundment from the person found in violation.

(3) The fines described herein shall be separate from and in addition to fines levied in accordance with Marion County Code. (Ord. 9.08 § 401, passed 11-16-2009)

9.08.330 ABANDONMENT OF ANIMAL.

It shall be unlawful for a person to abandon any animal on public or private property in the City, and a violation of this section shall be subject to a fine imposed for any such violation that shall not be less than $200. Actions taken by colony caretakers in accordance with this chapter shall not be considered abandonment of an animal. (Ord. 9.08 § 402, passed 11-16-2009)

9.08.340 ATTEMPTS TO POISON ANIMAL.

It shall be unlawful for a person to throw or deposit poisoned meat or any poison or harmful substance in any street, alley, marketplace or public place, or on any private premises, in the City for the purpose of destroying or injuring any animal. (Ord. 9.08 § 403, passed 11-16-2009)

9.08.350 ANIMAL FIGHTS.

It shall be unlawful for a person to incite, train to fight (other than a law enforcement animal or crime prevention dog) or set any animal to fighting another animal or to incite combat between animals and humans in the consolidated City and county. (Ord. 9.08 § 404, passed 11-16-2009)

9.08.360 ENTICEMENT OF ANOTHER PERSON’S ANIMAL.

(A) It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the City to capture, entice, or take any animal out of the enclosure or premises of the owner, or to seize an animal at any place while such animal is accompanied by its owner or keeper.

(B) Except as expressly authorized in this chapter, it shall be unlawful for a person to entice any animal away from the premises of the person who owns or keeps such animal in the City, or to entice an animal from a street, alley or public place in the City with the intent to deprive the owner of the animal’s possession.

(C) It shall be unlawful for a person to bring into the City an animal for the purpose of its impoundment, or the collection of any fee or reward for its return, except as provided in this chapter. (Ord. 9.08 § 405, passed 11-16-2009)

9.08.370 INTERFERENCE WITH ANOTHER PERSON’S ANIMAL.

It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the City without the express consent of the animal’s owner, if any, while the animal is on the owner’s property or under the owner’s control. A person who violates this section shall be subject to a fine imposed for any such violation that shall not be less than $50. (Ord. 9.08 § 406, passed 11-16-2009)

9.08.380 ANIMAL TRAPS; REQUIREMENTS AND PROHIBITIONS.

(A) It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg-hold trap or similar device upon any land or waters in the City.

(B) It shall be unlawful for a person to use, place, set or cause to be used, placed or set any snare, net or other device which causes the trapping or capturing of any animal in any manner by which the animal is not either captured painlessly or killed instantly upon any land or waters in the City.

(C) It shall be unlawful for a person, having placed a lawful trap, snare or similar device in the City, to fail to inspect and empty it at least once during every 24-hour period.

(D) It shall be unlawful for a person to remove an animal in the City from any trap not on the person’s property, unless such person has the express permission of the property’s owner to do so.

Exception: Trapping done in conjunction with an approved trap, neuter and release program. (Ord. 9.08 § 407, passed 11-16-2009)

9.08.390 OFFENSIVE USE OF ANIMAL.

It shall be unlawful in the City for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal or insect against any other person, or aid or abet another person in doing so. (Ord. 9.08 § 408, passed 11-16-2009)

9.08.400 ANIMALS NOT TO BE OFFERED AS NOVELTIES OR PRIZES.

(A) It shall be unlawful for a person to sell, offer for sale, trade, barter or give away in the City any live animal, bird or reptile as a novelty, prize for, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter any business establishment or enter into any business agreement whereby the offer was made for the purpose of attracting trade for business, other than establishments selling animals as their primary business.

(B) It shall be unlawful for a person to transport into the City any live animal, bird or reptile for any purposes prohibited by subsection (A) of this section.

(C) It shall be unlawful for a person to sell, offer for sale or otherwise dispose of any animal whose appearance has been artificially or chemically colored, sprayed or painted. (Ord. 9.08 § 409, passed 11-16-2009)

9.08.410 PROTECTION OF BIRDS; EXCEPTION.

(A) It shall be unlawful for a person willfully to injure, molest, attack or disturb in any way a bird, or the nests, eggs, young or brood of birds, in the City; provided, however, this section shall not apply to nonmigratory pigeons, starlings or any birds declared or defined by any state law or City ordinance as a public nuisance.

(B) Whenever it appears, on complaint of residents, merchants, persons in business, owners or operators of structures or buildings, or citizens generally, or otherwise, that nonmigratory pigeons, starlings, or other birds constitute a public nuisance in any part of the City, the Public Safety Board shall be authorized to use all necessary means to destroy the birds creating such nuisance, as follows:

(1) The Public Safety Board is authorized to eradicate pests under subsection (A) of this section with firearms and otherwise; where firearms are used for such purpose, it shall not constitute a violation of the code which pertains to the discharge of firearms in the City or county; and

(2) The Public Safety Board is authorized to issue permits to persons in such instances and under such terms and conditions as it finds necessary for the public safety to dispose of any nonmigratory pigeons, starlings or other birds declared or defined by state law as a public nuisance, upon the payment of $1 by each person to the City Controller, and any permit so issued shall be revocable at the will of the Public Safety Board. (Ord. 9.08 § 410, passed 11-16-2009)