Chapter 6.05
AN ORDINANCE TO ESTABLISH PROVISIONS FOR ANIMAL CONTROL

Sections:

6.05.010    Name.

6.05.020    Definitions.

6.05.030    Reporting of Animal Bites.

6.05.040    Prohibited Acts.

6.05.050    Enforcement.

6.05.060    Penalties.

6.05.070    Animal Control and Education Commission.

6.05.080    Administration.

6.05.090    Regulation of Dangerous Animals.

6.05.010 Name.

This ordinance shall be known as the “Vanderburgh County Animal Control Ordinance.”

6.05.020 Definitions.

For the purpose of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“ABANDON” means to deposit, leave, drop off or otherwise dispose of any live animal on public or private property.

“ABUSE” means the mistreating of an animal by neglect, injury, death, or by a fighting contest.

“AGENT” means a person or persons eighteen (18) years of age or older authorized by an owner or custodian to act in behalf of such owner or custodian.

“ANIMAL” means any living, non-human vertebrate or invertebrate creature domestic, wild or exotic, excluding animals that are raised or maintained for agricultural purposes unless specifically stated otherwise.

“ANIMAL NUISANCE” means an Animal which;

1.    interferes with or molests passers-by or passing vehicles, or

2.    attacks other animals or persons, or

3.    is at large, or

4.    damages private or public property, or

5.    is at large or on a public park, playground, swimming pool, or school yard, unless the Animal is authorized by school officials, or

6.    is in heat and is not confined or restrained to prevent unintended breeding, or

7.    damages, soils, defiles, or defecates on any public right of way, or

8.    trespasses on, damages or soils any private or public property, or

9.    is allowed to create any condition, which poses a substantial risk of harm to public safety (including animals raised or maintained for agricultural purposes), or

10.    causes serious annoyance or disturbance to persons in the vicinity by frequent, long, continued, loud noises or other sounds common to its species, between the hours of 10:00 PM and 6:00 AM, unless the noises or sounds emanate from a location that is a legally and properly licensed and zoned as an establishment for the raising or kenneling of Animals, or

11.    causes serious annoyance or disturbance to persons in the vicinity in a Suburban Enforcement Area at any time by frequent, long, continued, loud noises or other sounds common to its species, unless the noises or sounds emanate from a location that is a legally and properly licensed and zoned as an establishment for the raising or kenneling of animals.

If an Animal is defending itself, its Custodian, or its Custodian’s home, it is not an Animal Nuisance.

“AT LARGE” means any Animal that is:

1.    not on a leash and is off the property of its Owner, its Custodian, the Agent of the Owner or the Custodian, or its keeper, or

2.    on a leash that does not adequately confine the Animal to the property of its Owner, its Custodian, or the Agent of its Owner or Custodian, or its keeper, or

3.    on a leash that is not otherwise under the immediate control of a person physically capable of restraining the Animal.

“BITE” means to seize, tear, wound or cut with teeth, resulting in a break in the skin. Refer to State form 14072 (most current revision).

“CUSTODIAN” means any person who owns or keeps, harbors, feeds, or has the charge or control of an Animal.

“DANGEROUS ANIMAL” means any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity or if it were to escape its primary enclosure or escape from the control of its owner or custodian. Such determination is to be made from past acts of aggressive behavior justifying the determination that it is a dangerous animal. A dog’s breed shall not be considered in determining whether or not it is “dangerous.” This definition excludes K-9 corps dogs in use by the military or government law enforcement agencies.

“HARBORING” means the actions of any person that permit any Animal habitually to remain or to lodge or to be fed within his or her home, store, enclosure, yard, place of business, or any premises on which such person resides or controls. An Animal shall be presumed harbored if it is fed or sheltered for three (3) or more consecutive days.

“LEASH” means a cord, chain, rope, strap or other such physical restraint.

“OWNER” means any person of the age of eighteen (18) years or older, partnership, or corporation owning, keeping or harboring one or more Animals.

“STRAY” means any Animal that is not within the real property limits of its Owner and is not under restraint or is unattended.

“SUBURBAN ENFORCEMENT AREA” means any platted residential subdivision in Vanderburgh County outside of the corporate city limits of Evansville with 20 or more completed homes.

(Ord. 04-18-009 § 1, amended, 05/15/2018)

6.05.030 Reporting of Animal Bites.

A.    The Owner, Agent or Custodian of any Animal that has bitten a person or another Animal must report the incident to the Vanderburgh County Health Department (“Health Department”). Upon receiving the report of a bite, the Department of Animal Care and Control maintained by the City of Evansville and Vanderburgh County (“Animal Control Department”) will quarantine the Animal for ten (10) days with the place of confinement to be in the discretion of the Animal Control Department based upon whether the Animal is vaccinated and whether such Owner, Agent or Custodian has the proper facilities to prevent the Animal from escaping or coming into contact with other persons or Animals. During the quarantine period, the Animal is to be securely confined and kept from contact with any other animal or non-owner, non-agent or non-custodian. During the quarantine period, the Owner, Agent or Custodian must provide a current rabies vaccination certificate for his or her cat or dog that has been quarantined. If proof of vaccination cannot be supplied, a veterinarian shall vaccinate the Animal before release at the expense of the Animal’s Owner, Agent or Custodian. Indiana Law and Health Department rules and regulations shall be followed for reporting animal bites.

B.    No person other than an officer of the Animal Control Department or veterinarian shall kill or cause to be killed any Animal suspected of being rabid except in cases of immediate self-protection. If the Animal is killed, the person causing the death will retain the body and immediately notify the Animal Control Department.

6.05.040 Prohibited Acts.

It shall be a violation of this ordinance for a person who is an Owner, Agent, or Custodian of an Animal to commit any of the following prohibited acts:

A.    Permit an Animal to be stray, at large, or become an Animal Nuisance.

B.    Confine an Animal to an area that is unclean, overcrowded, or inadequately ventilated, which poses a substantial threat to any person or Animal.

C.    Deprive an Animal of the opportunity for adequate exercise or access to fresh air.

D.    Be an Owner, Agent or Custodian of any Animal that has not been vaccinated with a rabies vaccine approved by the Indiana State Board of Health if the Animal is capable of carrying or transmitting rabies. (See I.C. 15-2.1-6-13 for local regulation authority)

E.    Abandon or Abuse an Animal.

F.    Neglect an Animal by failing to provide the Animal with sufficient, good, and wholesome food and water, proper shelter for protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

G.    Leave an Animal unattended in a vehicle when conditions in that vehicle would constitute a health hazard to the Animal.

H.    No Owner, Agent or Custodian shall fail to maintain in a sanitary manner the premises occupied by an Animal, whether the Animal is kept in a structure, fence, pen, or fastened, hitched, or leashed. Owners, Agents or Custodians of an Animal shall regularly, and as often as necessary, maintain all Animal areas or areas of Animal contact to prevent unsanitary conditions on the property and to prevent odor from escaping from the property of any such Owner, Agent or Custodian.

I.    No person who knowingly causes or has caused injury or death to a domestic Animal shall fail to immediately notify the Owner, Agent or Custodian of that Animal, as well as make notification to Animal Control Department, and the Vanderburgh County Sheriff’s office.

J.    Failure to report an Animal bite as provided in Section 6.05.030 of this ordinance.

6.05.050 Enforcement.

The provisions of this Ordinance and Indiana Code Sections 15-20-1 and 35-46-3 may be enforced by:

A.    The Vanderburgh County Sheriff’s Office;

B.    The Evansville-Vanderburgh County Department of Animal Care and Control;

C.    The Vanderburgh County Health Department;

D.    The Animal Control and Education Commission; or

E.    Any other organization, department or office designated by the Board of Commissioners of Vanderburgh County.

(Ord. 04-18-009 § 2, amended, 05/15/2018; Ord. 08-12-006 § 1, amended, 8/28/2012)

6.05.060 Penalties.

A.    The first violation of any part of this ordinance will result in a $50 fine.

B.    The second violation of any part of this ordinance, by the same person, will result in a $100 fine.

C.    The third and any subsequent violation of any part of this ordinance, by the same person, will result in a $500 fine.

D.    All such fines shall be paid into the Office of the Vanderburgh County Treasurer and shall be distributed by the Vanderburgh County Treasurer to the Vanderburgh County Auditor to be maintained as part of the County General Fund.

E.    In addition to the above, the Vanderburgh County Sheriff’s Office and the Evansville-Vanderburgh Department of Animal Care and Control shall have the authority to issue citations for violations of Indiana Code Sections 15-20-1 and 35-46-3.

(Ord. 08-12-006 § 1, amended, 8/28/2012)

6.05.070 Animal Control and Education Commission.

(A)    The Animal Control and Education Commission (“Commission”) is hereby established in Vanderburgh County. The Commission shall consist of nine (9) members, seven (7) appointed by the Mayor of the City of Evansville with the advice and consent of the Common Council and two (2) appointed by the County Commissioners. Members are to serve for a term of four (4) years. Members shall serve at the pleasure of their appointing authority. No more than six (6) Commission members may be members of the same political party. Commission officers shall be a chairperson, vice-chairperson, and secretary.

(B)    Commission members shall serve without remuneration, but shall receive reimbursement for expenses necessarily incurred in the performance of their duties. For a Commission member to receive reimbursement for expenses, a claim must be submitted by the Commission member to the Commission and approved by a majority of the members thereof and any claim so submitted shall be subject to the appropriation of funds by (i) the Common Council, in the case of Commissioners appointed by the Mayor, or (ii) the County Council, in the case of Commissioners appointed by the County Commissioners.

(C)    The Animal Control Officer shall be appointed by the Mayor and shall see to the proper administration of this chapter and the animal shelter in accordance with the rules, regulations and directives of the Commission and the City of Evansville Board of Public Works. The Animal Control Officer shall be sworn in as a special law enforcement officer under the direction and supervision of the City of Evansville Board of Public Works.

(D)    The Commission shall regulate dangerous animals according to procedures outlined in this Chapter. Following a hearing whereby an animal is determined by the Commission to be a dangerous animal, the Commission may impose any such conditions upon the owner and dangerous animal as outlined in this Chapter, including the destruction of the dangerous animal.

(Ord. 04-18-009 § 3, added, 05/15/2018)

6.05.080 Administration.

(A)    The operation of the Animal Care and Control shelter is under the supervision of the City of Evansville Board of Public Works which shall adopt and enforce rules for the operation of the Animal Care and Control shelter as needed to carry out the intent of this chapter.

(B)    The Animal Care and Control Officer may cause the apprehension and impoundment of an animal which is not on the property of the owner so long as the animal is on public property, public right-of-way or on private property without the consent of the owner of the private property. Since the apprehension of the animal is reasonably necessary for the protection of the public health, safety, and welfare, the capture of the animal is a valid exercise of the County’s law enforcement power. Therefore, the Animal Care and Control Officer or his designee may use any means reasonably calculated to capture the animal in a manner which presents the least danger to other persons and property. The Animal Care and Control Officer or his designee may enter on private property without the consent of the owner or person in control of the property only under the following circumstances:

(1)    With a court order or warrant authorizing entry onto the property for the purposes stated in the order or warrant; or

(2)    Where exigent circumstances dictate immediate apprehension in order to prevent harm or danger to a person or animal, including, but not limited to, where an animal has bitten a person or animal and the animal is not under restraint.

(C)    If any dangerous animal is not under restraint and cannot be captured safely and impounded, it may be slain by a law enforcement officer. Impounded dangerous animals will not be sold or allowed to be redeemed except upon approval of the Commission.

(D)    The Animal Care and Control Officer shall record a description of impounded animals on forms approved by the Commission. If an animal is licensed, the licensee will be notified and the identity of the animal shall be recorded and kept available for public inspection.

(E)    The Animal Care and Control shelter shall maintain all impounded licensed (with tag) or microchipped animals for a minimum of seven days, unless as otherwise provided for injured or diseased animals, or until claimed by the owner. Untagged and unmicrochipped animals shall be maintained for no longer than seven days, unless as otherwise provided for injured or diseased animals, so long as space allows at the shelter. If the animal is not redeemed within the appropriate time period, the Animal Care and Control Officer shall destroy it in a humane manner as established by NACA (National Animal Control Association) or sell it as Commission rules and regulations may permit. Upon sale by the Animal Care and Control Officer of any animal, the bill of sale shall transfer to the buyer the title of the original owner in and to the animal.

(F)    Fees for Reclaiming or Redeeming Animals.

(1)    A custodian may redeem a quarantined animal before its destruction by paying a fee of $20.00 plus $5.00 for each day, or fraction thereof, of impoundment up to 10 days, for a total maximum of $55.00 plus any fees and fines required by this chapter and rabies voucher costs. If the animal does not have a current rabies vaccination, the custodian must arrange to have the animal vaccinated for rabies as per Commission regulations.

(2)    A custodian may reclaim a nonquarantined animal by paying a fee of $7.00 plus $5.00 per day for each day (or fractional part thereof) plus license fees or fines in accordance with this chapter.

(Ord. 04-18-009 § 4, added, 05/15/2018)

6.05.090 Regulation of Dangerous Animals.

(A)    Actions Allowed by Authorized Persons Prior to Hearing.

(1)    If any animal shall attack a person or a pet peaceably conducting himself in any place where he may lawfully be, any person, for the purpose of preventing imminent injury or further injury, may use such force as is required to stop the attack.

(2)    A law enforcement officer or ACO acting pursuant to his statutory duties may, where the threat of serious injury to a person or pet is imminent and unjustified, use such force as is required to prevent such injury.

(B)    An animal may not be declared dangerous:

(1)    If the animal was protecting or defending a person within the imminent vicinity of the animal from an attack or assault;

(2)    If at the time the recipient of the attack was committing a crime or offense upon the property of the owner or custodian of the animal;

(3)    If the recipient of the attack was teasing, tormenting, abusing or assaulting the animal, or in the past had teased, tormented, abused or assaulted the animal;

(4)    If the animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner or custodian;

(5)    If the animal was responding to pain or injury, or protecting itself, its kennels or its offspring;

(6)    If the person or domestic animal was disturbing the animal’s natural functions such as sleeping or eating;

(7)    Neither growling nor barking, nor both, shall alone constitute grounds upon which to find an animal to be “dangerous.”

(C)    Complaint Procedure.

(1)    Any person may make a complaint of an alleged dangerous dog as that term is defined herein to an Animal Control Officer. Such officers shall immediately inform the complainant of his right to commence a proceeding provided for in subsection (C)(2) of this section, and, if there is reason to believe the animal is a dangerous animal, the Animal Control Officer shall forthwith commence such proceeding himself.

(2)    Any person may make a complaint under oath or affirmation of an alleged dangerous animal, as that term is defined herein, to the Commission. Thereupon, the President of the Commission, subject to ratification by the Commission at an open-door meeting, shall determine if there is probable cause to believe the animal is a dangerous animal and, if so, shall issue an order to an Animal Control Officer directing such officer to immediately seize such animal and hold same pending a Commission determination as herein provided. If the custodian of the animal refuses to surrender the animal to the Animal Control Officer, the Animal Control Officer shall seek a court order authorizing the seizure of the animal. If the animal is found running loose off of the property of the custodian, no such court order shall be necessary. The Commission shall, within seven business days of a request for a hearing or at a time as soon as reasonably possible thereafter, and upon written notice of not less than three days to the owner of the animal, hold a hearing on the complaint.

(D)    Destruction of the Dangerous Animal. The Commission may order an animal destroyed if none of the precautions in subsection (E) of this section are deemed sufficient to prevent the risk of injury to any person.

(E)    Where an animal is determined, pursuant to a preponderance of the evidence at a duly constituted hearing, to be “dangerous,” the Commission, subject to judicial review, shall require the owner of said animal to register such animal with the animal shelter, and to provide prompt notification to the animal shelter of any changes in the ownership of the animal; names, addresses and telephone numbers of new owners; any change in the health status of the animal; any further instances of attack; any claims made or lawsuits brought as a result of further instances of attack; or the death of the animal. In addition, the Commission, subject to judicial review, may require any or all of the following, but subsections (E)(5), (6) and (11) of this section, or any one of them, may only be imposed where there has been serious injury to a person.

(1)    Indoors, when not alone, the animal must be under the control of a person 18 years or older.

(2)    Outdoors and unattended, the animal must be kept within a locked fenced area from which it cannot escape.

(3)    When outdoors the animal must be attended and kept within a fenced area from which it cannot escape.

(4)    When outdoors the animal must be attended and kept on a leash no longer than six feet and under the control of a person 18 years of age or older.

(5)    When outdoors the animal must be attended and muzzled. Such muzzle shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. The muzzle must be made of nonmetallic material so as to prevent the muzzle from freezing to the animal.

(6)    Outdoors and unattended, the animal must be confined to an escape-proof kennel of the following description:

(a)    Such kennel shall allow the animal to stand normally and without restriction and shall protect the animal from the elements.

(b)    Fencing materials shall not have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps shall not be more than two inches.

(c)    Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the animal is confined to such kennel and unattended such locks shall be kept locked.

(d)    The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.

(7)    Placement of a sign or signs of a description and in places directed by the Commission, advising the public of the presence and tendencies of said animal.

(8)    Attendance by the animal and its owner/custodian at training sessions conducted by a certified applied animal behaviorist, board certified veterinary behaviorist or other recognized expert in the field and completion of training or any other treatment as deemed appropriate by such expert. The owners of the animal shall be responsible for all costs associated with the evaluation and training ordered under this section.

(9)    Neutering or spaying of the animal at the owner’s expense, unless medically contraindicated.

(10)    That the animal be permanently identified by tattooing or by injecting an identification microchip, using standard veterinary procedures and practices, identification number and the identification of the person performing the procedure to be registered with the animal shelter as indicated above.

(11)    The procurement of liability insurance in an amount to be determined by the Commission, but in no case in an amount of less than $500,000, covering the medical and/or veterinary costs resulting from future actions of the animal. This condition may not be imposed if it is shown that no such insurance is available for a reasonable premium.

(12)    If any of the above conditions ordered by the Commission, subject to judicial review, are not complied with, the owner shall be subject to a fine of not more than $2,500.

(13)    If a further incident of attack occurs under such circumstances that the dog, after a hearing as described above, is determined to be a dangerous dog, the Commission, subject to judicial review, may impose or re-impose any applicable directives listed above; additionally, humane destruction of the dog may be ordered, but only where the further incident involves serious injury to a person.

(14)    Order the animal to be examined by a veterinarian to rule out an underlying treatable medical cause which may be causing the animal to be aggressive. Such examination shall be at the owner’s expense.

(F)    Procedure before Commission.

(1)    The Animal Control Officer or designee is hereby authorized to declare an animal to be a dangerous animal. Notice of such declaration shall be served personally upon the owner, or his authorized agent, or served by mailing the notice, by certified or registered mail, return receipt requested, upon the owner or his authorized agent. If mailed, the notice shall be deemed effective three business days from depositing the notice in the United States mail. The notice shall indicate that the animal is declared to be a dangerous animal and that if written appeal of the Animal Control Officer’s decision is not filed within 10 days with the Commission through the City of Evansville’s Clerk’s office, the animal shall be destroyed. If ownership of the animal cannot be determined, the animal may be destroyed after detaining the animal for five business days without notice or further action by the department or the Commission.

(2)    Upon notice of the declaration of the animal to be a dangerous animal, the animal, if not already held in quarantine by the department, shall be surrendered to the Animal Control Officer pending a decision by the Commission on the disposition of the animal or imposition of conditions referred to above. If not voluntarily surrendered to the Animal Control Officer, a warrant or other court order shall be obtained for the Animal Control Officer to obtain immediate possession of the animal. No consent or court approval shall be required to obtain possession of the animal if the animal is not under restraint and is not on the property of the owner or his authorized agent.

(3)    The timely filing of an appeal of a decision of the Animal Control Officer to the Commission shall stay the decision of the Animal Control Officer to destroy the animal until a hearing can be held by the Commission and a decision rendered thereon. If a hearing is requested, notice of the date, time, place, and purpose of the hearing shall be given to the owner or his authorized agent. The Commission shall review the evidence and render a decision that reverses in whole or in part the decision of the Animal Control Officer or affirms a decision of the Animal Control Officer that the animal is dangerous. Upon a finding that the animal is dangerous, the Commission may impose one or more of the conditions stated in subsection (E) of this section or have the animal destroyed. A decision of the Commission, if appealed, shall be appealed by filing a verified complaint for judicial review with the Vanderburgh County Circuit or Superior Court. The verified complaint must be filed within ten (10) days after the date the Commission has taken action. An appeal under this section is an action de novo. The court may affirm, modify, or reverse the action taken by the Commission.

(4)    If the decision of the Commission or the final decision of the courts upon appeal is that the animal is dangerous, the owner shall be responsible for payment of the following fees:

(a)    A custodial fee of: $20.00 administrative fee plus $5.00 per day until time of the Commission’s decision and thereafter $10.00 per day, or for any part of a day, for shelter and food for the animal, plus medical expenses and other costs incurred by the department for the apprehension and maintenance of the animal, and for treatment of the animal while detained. These charges shall accrue until consent is given for destruction of the animal or until the animal is destroyed.

(b)    If the decision of the Commission or any final decision of the courts upon appeal is that the animal is not dangerous and should be released to the owner, then those charges, as provided herein, shall not be charged to the owner.

(5)    An animal that is not under restraint and cannot be safely captured and impounded may be slain.

(G)    No person shall own, keep, or harbor a dangerous animal within Vanderburgh County, except for dangerous animals in compliance with the orders of the Commission as provided above. This section shall not apply to animals under the control of a law enforcement or military agency, Mesker Park Zoo and Botanic Garden, or a properly permitted circus demonstrating that the animals are in secure enclosures and monitored by trained individuals.

(Ord. 04-18-009 § 5, added, 05/15/2018)

(Chapter 6.05 Added 7/24/2007)