CHAPTER 92
ANIMALS
Section
General Provisions
92.01 Keeping livestock unlawful
92.02 Continuous noise by an animal
Dogs
92.24 Dog running at large prohibited; hydrophobia
92.25 Untagged dogs to be taken into custody
92.26 Harboring of vicious dog prohibited
GENERAL PROVISIONS
92.01 KEEPING LIVESTOCK UNLAWFUL.
(A) It shall be unlawful for the owner or any other person in charge of any cattle, sheep, swine, goats, fowl, livestock, or other like animal to keep, or to suffer, or to permit any such animals to be kept within the corporate boundaries of the city.
(1) Notice of violation. The Code Enforcement Officer shall issue a notice of violation to a person who has committed a violation of this subsection. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within 10 days of the mailing or posting date of the notice.
(2) Notice of fines for violation. If the violation of this subsection is not corrected within the 10 days provided, the Code Enforcement Officer shall issue a notice of fines for violation to the violator(s) by certified mail, return receipt requested. The notice is a citation for the violation, assessing a fine of $200. The notice shall also advise the violator(s) that the violation must be corrected, and the fine must be paid, within 10 days of the notice’s mailing, or the violator(s) will be assessed an additional fine of $500 for each day until the violation is corrected. A separate offense shall be deemed committed upon each day on which a violation occurs or continues.
(3) Legal action. If a person in violation of this subsection either refuses to correct the violation or pay the fines within the time frame specified by the notice of fines for violation, the Code Enforcement Officer may refer the violation to the City Attorney to pursue court action. Additional fines may also be pursued until the matter is resolved.
(B) Notwithstanding division (A) above, the keeping of a Vietnamese pot-belly pig shall be permitted so long as the following conditions are met.
(1) License. The owner of a Vietnamese pot-belly pig shall obtain from the Clerk-Treasurer a license for the keeping of the pig. The fee for the license shall be $25 and shall be acquired on an annual basis. The applicant for a license must, at the time of application, provide proof from a licensed veterinarian that the pot-belly pig has been tested and found not to have pseudo-rabies and brucellosis. Furthermore, the applicant must provide proof that the pot-belly pig has been vaccinated for pasteurella, bordatella and erysipelas.
(2) Requirement of being spayed or neutered. No pot-belly pig shall be used for breeding. Upon making application for a license to keep a Vietnamese pot-belly pig, the applicant must provide proof that the pot-belly pig has been spayed or neutered. If the pot-belly pig is not mature enough yet to have the surgical procedure, then only a temporary license shall be issued with a date requiring that the animal would be spayed or neutered by said date. Failure to complete the surgical procedure by the date of the temporary license will result in a revocation of the license.
(3) Number of pigs. Only 1 pot-belly pig may be kept in any 1 residence.
(4) Size. No Vietnamese pot-belly pig may be taller than 18 inches in height and weigh no more than 70 pounds.
(5) Tusks. The tusks of male Vietnamese pot-belly pigs shall be removed.
(6) Nuisance. The licensee shall prevent the squealing or any other animal noises from disturbing neighbors. Further, the licensee shall remove and properly dispose of the Vietnamese pot-belly pig excrement.
(7) Violation. A violation of any of the conditions of the Vietnamese pot-belly pig license as outlined above shall result in the revocation of the license. The Board of Public Works and Safety shall be vested with the authority to determine, after due notice to the licensee, if a violation of the license has occurred.
(1994 Code, § 92.01) (Ord. 92-1574, passed 12-30-1992; Am. Ord. 2014-2079, passed 8-11-2014) Penalty, see § 10.99
92.02 CONTINUOUS NOISE BY AN ANIMAL.
(A) No animal owner shall permit any animal to cause annoyance, alarm, or noise disturbance for more than 15 continuous minutes at any time of the day or night, by repeated barking, whining, screeching, howling, braying, or other like sounds which can be heard beyond the boundary of the owner’s property.
(B) It shall be unlawful for any person to keep or harbor any animal which violates division (A) of this section. Any such animal shall be deemed a public nuisance and may be seized and impounded by the city’s designated animal control officer, or other city police officer, if a violation of division (A) has occurred on 3 separate occasions and after the owner or other custodian of such animal has received 2 previous warnings from the city.
(1994 Code, § 92.02) (Ord. 94-1623, passed 11-14-1994) Penalty, see § 92.99
DOGS
92.20 HARBORING DEFINED.
Any person, firm or corporation who shall suffer any dog to frequent or remain in his, her or its house, building, enclosure or premises and who shall there feed, lodge or otherwise retain such dog shall be considered as harboring the same within the meaning of this subchapter.
(1994 Code, § 92.10) (Ord. 773, passed - -)
92.21 REGISTRATION REQUIRED.
Any person, firm or corporation owning, keeping or harboring any dog within the corporate limits of the city shall, between January 1 and March 1 of each year, have such dog registered in the office of the Clerk-Treasurer and pay at the time of registration the tax provided in § 92.22 for each dog owned, kept or harbored. If such person shall become owner or harbor a dog or dogs after March 1, he or they shall be required to have such dog or dogs registered and pay tax as heretofore provided not later than 7 days after such dog or dogs are so harbored.
(1994 Code, § 92.11) (Ord. 773, passed - -) Penalty, see § 10.99
92.22 DOG TAX.
There is hereby levied and assessed an annual tax of $1 on each male dog or spayed female dog and $3 on each unspayed female dog owned kept or harbored within the corporate limits of the city by any person, persons, firms or corporations, and it shall be unlawful for any person, firm or corporation to own, keep or harbor any dog if he, she or it shall fail to have such dog registered and pay such taxes as herein provided.
(1994 Code, § 92.12) (Ord. 773, passed - -) Penalty, see § 10.99
92.23 TAX RECEIPT, TAG.
Upon the registering and the payment of the sum required by this subchapter, the City Clerk-Treasurer shall issue to the person, firm or corporation owning, keeping or harboring such dog, a receipt showing the name of such person, firm or corporation, the amount paid, the number, description, and kind of dog paid for. A copy of such receipt must be kept on file by the Clerk-Treasurer as a permanent record. The Clerk-Treasurer will issue to the owner of each dog registered a suitable tag upon exhibiting proof of compliance with state rabies control statutes, which tag shall be at all times securely fastened around the neck or body of such dog.
(1994 Code, § 92.13) (Ord. 773, passed - -) Penalty, see § 10.99
92.24 DOG RUNNING AT LARGE PROHIBITED; HYDROPHOBIA.
(A) It shall be unlawful for any person, firm or corporation, being the owner or keeper of any dog, to suffer or permit such dog to trespass upon the property of any person within the limits of the city or suffer to permit such dog to be or go unattended upon or over the premises of any person, firm or corporation, or upon a street, sidewalk, alley or other public place within the limits of the city, or upon a park or cemetery of the city. Dogs causing such annoyance may be picked up by a police officer of the city or by the city’s designee and forthwith destroyed under the rules and regulations of the Marshall County Humane Society unless claimed by the owner in accordance with said rules and regulations.
(B) If, in the best judgment of the Chief of Police or dog catcher of the city, in order to protect the citizens from hydrophobia or other serious health threat, then any such dog may be destroyed or may be retained as provided by state statute.
(1994 Code, § 92.14) (Ord. 773, passed - -) Penalty, see § 10.99
Cross-reference:
For prepayment of fine to Ordinance Violations Bureau, see § 33.113
92.25 UNTAGGED DOGS TO BE TAKEN INTO CUSTODY.
It is hereby made the duty of the Chief of Police of the city, or anyone acting under his authority, to take to the city dog pound all dogs found running on the streets, alleys or public places or upon the property of one other than the owner of such dog or dogs.
(1994 Code, § 92.14) (Ord. 773, passed - -)
92.26 HARBORING OF VICIOUS DOGS PROHIBITED.
(A) No person shall keep or harbor any vicious dog anywhere within the corporate boundaries of the city.
(B) A vicious dog is defined as any dog which is capable of inflicting death or serious injury on another person or another domesticated animal and which:
(1) Has, without provocation, attacked or bitten a person engaged in lawful activity; or
(2) Has, while off the property of its owner and without provocation, killed or seriously injured another domesticated animal; or,
(3) Has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack; or,
(4) Has been trained for dog fighting or is owned or kept for the purpose of dog fighting.
(C) A violation of division (A) of this section is hereby declared to be a nuisance. Upon identifying any dog as vicious, any member of the Plymouth Police Department or the Animal Control Officer of the Marshall County Humane Society is hereby authorized to confiscate and impound said dog at the Marshall County Humane Society Shelter. The authority granted herein to confiscate a vicious dog does not include the authority to enter the dog owner’s home without the owner’s consent, or enter upon the dog owner’s real estate without the owner’s consent. However, nothing in this section is intended to curtail the authority granted to any law enforcement officer or any other person having authority to impound animals who has probable cause to believe there has been a violation of I.C. 35-46-3 or I.C. 15-5-12-3, all as set forth in I.C. 35-46-3-6.
(D) It is not the intent of this section to prohibit the Plymouth Police Department or any other law enforcement agency from using any trained dog that may attack on command, provided that each such dog must at all times be in the presence of its handler or confined at all times in accordance with Police Department policy. Furthermore, it is not the intent of this section to prohibit the ownership of a guard dog, the purpose of which is to guard the owner’s real property from illegal intrusions. However, any such guard dog, and its owner, shall be subject to the provisions of this section if said dog otherwise meets the definition of a vicious dog as provided in division (B) above.
(1994 Code, § 92.16) (Ord. 97-1703, passed 8-25-1997) Penalty, see § 92.99
92.99 PENALTY.
(A) Any person found in violation of section § 92.02 by virtue of owning or having the custody of any animal that violates division (A) of that section shall be subject to a fine not to exceed $2,500. Every calendar day that § 92.02 is violated shall be considered a separate offense. In addition to any fine set by the Marshall Superior Court No. 2 for a violation of § 92.02, the person found to be in violation of § 92.02 shall likewise be subject to the imposition of court costs and the reasonable attorney fees incurred by the city in enforcing the terms of this section. Furthermore, in addition to any fine, court costs, and attorney fees, the court shall also order the person found to be in violation of § 92.02 to pay all fees and expenses associated with impounding and boarding the animal. Furthermore, if a violation of § 92.02 is found to have occurred by the Marshall Superior Court No. 2, the court may order the destruction of the animal, or any other reasonable alternative as justice may require.
(B) The owner of any dog found to be in violation of § 92.26 shall be subject to a fine not to exceed $2,500. In addition, the City Attorney may apply to a court of competent jurisdiction for a temporary restraining order, temporary injunction and/or a permanent injunction to prohibit the continuation of any violation of § 92.26. Upon a finding by the court that a dog and its owner have violated § 92.26 and are thereby declared to be a nuisance, the court may impose, in addition to the fine referred to above, the following additional penalties against the dog owner as allowed in I.C. 35-46-3-6:
(1994 Code, § 92.02) (Ord. 94-1623, passed 11-14-1994)
(1) A requirement that the owner pay the costs of caring for an animal involved in the violation of § 92.26 that are incurred during the period of impoundment authorized under § 92.26;
(2) An order terminating the owner’s right to possession, title, custody, or care of an animal that was involved in the violation of § 92.26; and/or
(3) Order the humane disposal of the animal.
(1994 Code, § 92.16) (Ord. 97-1703, passed 8-25-1997)