WARSAW ORDINANCE 2010-06-05
July 28, 2016 at 4:25 p.m.
ORDINANCE NO 2010-06-05 AN ORDINANCE REVISING CHAPTER SIX OF THE CITY CODE OF WARSAW, INDIANA IT IS HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA that Chapter Six ANIMALS of the City Code of Warsaw, Indiana be revised as follows: The current Chapter Six is revoked in its entirety. The following Chapter Six is hereby adopted: ANIMALS ARTICLE I. IN GENERAL Sec. 6-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Abandonment - to deposit, leave, drop off or otherwise dispose of any live animal without providing immediate human care on any public or private property. A. D. B.A. - American Dog Breeders Association. Adequate shelter - a structure designed specifically to shelter an animal, with a roof and three sides free of leaks or openings to the wind and rain, and a fourth side allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal dry keeping and access outside the structure to dry ground that is mud free. Agent - a person(s) 18 years or older authorized by an owner to act in the owner's behalf. A. K. C. - American Kennel Club. Altered animal - An animal that has been operated on to prevent it from procreating. Animal - any live nonhuman vertebrate creature, domestic, wild or exotic. Animal care facility - an agency charged with housing animals picked up in violation of this article. Animal control officer - person(s) authorized to carry out and enforce the provisions of this chapter. Animal shelter - a facility operated by the city, or any facility operated. by a humane society, animal welfare organization or operated by authorized agents for the purpose of impounding or caring for animals held under the authority of this article or state law. Animal concession - any person, group of persons, partnership or corporation who for compensation has any animal available for hire or on display. Animal event - display, activity or show of wild or domestic animals in a shopping center, retail establishment, adjacent lot or elsewhere. Animal fighting paraphernalia - equipment or items used to train or condition animals for participation in an animal fighting contest or materials to promote animal fighting, the breeding of animals specifically for the purpose of fighting, train animals for fighting or to track the results of animal fights. At large - any animal that is not under restraint. Attack - where the animal exhibits one or more of the following behaviors, including, but not limited to: snarling, biting, baring teeth, chasing, growling, barking, snapping, pouncing or lunging. Attack dogs - dogs trained to attack upon command, or those who have been trained to attack. Auction - any facility or place where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this article or by state law. Bite - to seize or cut with the teeth. Breeder - any person who intentionally or accidentally causes the breeding of a cat or dog, or makes a cat or dog available for breeding purposes, or any person who offers for sale, sells, trades, receives other compensation or gives away any litter of dogs or cats: excepting a litter of dogs or cats taken to an animal shelter. Cattery - any person or group of persons, partnership or corporation engaged in keeping more than one unaltered cat or more than seven cats total. Circus - performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: trained animal acts, races, feats of horsemanship, acrobatics, strength, trapeze acts or clowns Criminal trespass - as provided in I.e. 35-43-2-2. Dangerous wild or dangerous exotic animals - a wild or exotic animal, not indigenous to the State of Indiana, not commonly found as a domestic animal, that would create a potential risk to public safety, including, but not limited to, bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal. Domestic animals - any of the following animals: Cat (Felis cattus or Felis domesticus) Cattle (80S domestic us or 80S Taurus or 80S indicus) Chinchilla (Chincilla langier) Cow or Ox ((Bovine) Dog (Canis familiaris) Donkey (Equus asinus) Ferret (Mustela putorius furo) Gerbil (Gerbillus gerbillus) Goat (Capra hircus) Guinea Pig (Cavis procell us) Hamster (Mesocriecetus auratus) Horse (Equus caballus) Mink (Neovison vison) Mouse (Mus musculus) Pig (Sus scroffa) Rabbit (Oryctolagus cuniculus) Rat (Rattus rattus) Sheep (Ovis aries) Exotic animal- any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish and fur-bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and non-poisonous snakes and reptiles. Exposed to rabies - any human or nonhuman warm-blooded mammal that has been bitten or in contact with any other animal known or reasonably suspected to have been infected with rabies. Farm animals/livestock - any domestic animal normally living on a farm, excluding cats and dogs, to include, but not be limited to: Cows, bulls, calves, chickens, hens, roosters, ducks, geese, turkeys, horses, ponies, donkeys, mules, goats, sheep and pigs. Fight - a conflict between two or more animals, but does not include a conflict that is unorganized or accidental. Fowl - any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots or similar types of birds kept in cages. Guide dog- a dog that is a service animal as provided in I.e. 35-46-3-11.5. Harboring - the actions of any person that permit any animal habitually to remain or lodge, or to be fed within his home, store, enclosure, yard or 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 consecutive days. Humane officer - any person and/or agency designated by the state, the county or the city as the person who is qualified to perform the duties required by the law of this city and state regarding animals. K-9 patrol dog or police dog - a professionally trained dog used by law enforcement officers for law Kennel - any person, group of persons, partnership or corporation engaged in keeping more than one unaltered dog, more than five dogs, or the business of boarding, breeding, buying, selling, letting or training for a fee, and which is zoned for such commercial purposes. Leash - a cord, chain, rope, strap or other such physical restraint. Microchip - a passive electronic device that is injected into an animal by means of a prepackaged sterilized implanting device for purposes of identification and/or recovery of animals by their owners. Microchip reader - an electronic device that detects any implanted microchip. Muzzle - a device constructed of strong, soft material or a metal muzzle. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. Nip - to pinch or squeeze with teeth with no breaking of skin or tissue. Owner - any person 18 years or older having the right of property or custody of a dog or cat, or who keeps or harbors a dog or cat, or knowingly permits a dog or cat to remain on or about any premises occupied by that person. Performing animal exhibition - any spectacle, display, act or event other than circuses in which performing animals are used. Person - an individual, firm, corporation or commercial establishment. Pet - any animal owned or harbored by any person, group of persons, partnership or corporation, except guide/service dogs or police/K -9 governmental dogs. Pet shop - any person, group of persons, partnership or corporation, whether operated separately or in connection with another business enterprise, except a licensed cattery, kennel or breeders, that buys, sells or offers for sale any species of animal, wholesale or retail. A permanent physical structure specifically designed and ventilated for the overnight and long-term housing and sale of animals both wholesale and retail. Potentially dangerous animal - any animal that when unprovoked: (I). Inflicts bites on a human; (2). Has a history documented with a public agency of biting or attacking humans or domestic animals, but shall not include K-9 patrol dogs or police dogs; or (3) An animal specifically "attack trained" or a guard or watch dog. Public nuisance - any animal which: (1) Interferes with a pedestrian(s) or passing vehicle(s); (2) Attacks other animals or a person(s); (3) Is at large or unrestrained; (4) Trespasses on school property; (5) Damages private or public property; (6) Causes frequent or long contained noises or other sounds common to its species, continuously for 15 minutes, or for an aggregate of 20 minutes in a one hour period, which disturbs the comfort or repose of any person in the immediate neighborhood; (7) Causes foul or noxious odors which offend residents in the neighborhood; or (8) Trespasses on the private property of persons other than the owner of the animal. Quarantine - a specified period of time where an animal is confined so that it has no contact with any other animals or any humans, including owners, owner's families, owner's agent(s) or owner's other family pets. Rabies vaccination - the injection, by a licensed veterinarian, or a dog, cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Animal Health Restraint - the securing of an animal by a leash or securely confining it within the real property limits of its owner or the owner's agent. Riding school or stable - any place that has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro. Rodeo - a performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding. Stray - any animal that is not under restraint and, upon reasonable inquiry by a humane officer, does not appear to have an owner. Tether/tethering - something (as a rope or chain) by which an animal is fastened so that it can range only within a set radius. U.K.C. - United Kennel Club. Unconfined potentially dangerous animal - a potentially dangerous animal which is not securely confined indoors, or not under restraint, or not confined in a securely enclosed and locked pen or structure upon the premises of the owner or agent of such animal. Unprovoked - without provocation, lacking provocation, incitement or stimulation. U.S.D.A. - United States Department of Agriculture. Veterinarian - any person licensed and accredited to practice veterinary medicine in the state of Indiana. Veterinary hospital or clinic - any establishment maintained and operated by a licensed veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals. Vicious animal - any animal that has, without provocation, attacked a human being or other animal, or an animal that by its behavior or physical condition constitutes an immediate and serious physical or health threat to human beings or animals, or any animal which has previously attacked or bitten any human being or other animal on two or more reported occasions, or any potentially dangerous animal. Wild animal - any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in a wild state. Zoological park - any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals operated by a person(s), partnership, corporation or governmental agency, and is properly zoned for such use. Secs. 6-2 - 6-30. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 6-31. Chapter provisions supplemental. The provisions of this chapter supplement all laws of the state and all county ordinances covering the same subject matter. Sec. 6-32. Feeding of wildlife. No person shall feed wildlife, including ducks, geese and other game and animals, on any property owned by or in the possession of the city. Sec. 6-33. Interfering with enforcement. No person shall interfere with an animal control officer in the pursuit of his/her duties as an officer. Sec. 6-34. Impoundment. (A). Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting, animals considered dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the animal control officer shall leave written notice. (B). Animals so removed will be impounded and held at the Animal Shelter or a facility designated by the animal control officer, provided, however, that in no event shall this period exceed five calendar days, at which time the animal shall become the property of the Animal Shelter. An animal may be held longer if an extension is necessary for the animal control officer to have ample time to prepare a court case if prosecution is warranted, or a request for extension is authorized by the animal control officer. In the case of animals impounded for quarantine at the Animal Shelter, the animal will become the property of the Animal Shelter if not claimed by closing time of the Animal Shelter on the eleventh day of the quarantine. Owners of quarantined animals failing to claim animals at the end of the quarantine period will be responsible for all medical, quarantine and euthanasia fees. (C). Animals impounded for reasons of tragedy beyond the control of the owner, such as, but not limited to, house fire or death of the owner, will be held for seven (7) calendar days, during which time a reasonable effort will be made to contact the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh day of impoundment, the animal( s) will become the property of the Animal Shelter. Sec. 6-35. Redemption; fees; unclaimed animals. A person may reclaim an animal in the custody of the Animal Shelter upon providing proof of ownership and payment to the Animal Shelter of all service and medical fees. Sec. 6-36. Inspections. (A). Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter, or when there is reasonable cause to believe that there exists in any building or upon any premises, any violation of the provisions of this chapter or state law, the animal control officer or the health officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or any state law, provided that: (1). If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefore; and (2). If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefore. (B). In the event the animal control officer, health officer or police officer has reason to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefore. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property. Sec. 6-37 Penalties for violation of chapter. Anyone who violates or fails to comply with any of the provisions of this chapter may be fined in accordance with this Code. Except for those sections where other penalties are specified, there will be a civil penalty of $25.00 for the first violation, and $50.00 for the second and subsequent violations. Every day, or part of a day, that a violation is committed or continues in existence is a separate violation for which civil penalties may be imposed. If enforcement must be pursued in court, the violator will be subject to paying attorney fees incurred for enforcement. Secs. 6-38--6-60. Reserved. ARTICLE III. ANIMAL CARE Sec. 6-61. Appropriate shelter. No person shall confine or allow an animal to remain outside without access to appropriate shelter from the elements. Sec. 6-62. Hitching or tying, tethering. (A). All animals shall be properly restrained as defined in this chapter. (B). No animal shall be restrained outside the immediate presence of its owner by any rope, chain or cord that is directly attached to the animal's neck or choke collar. Animals that must be restrained 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 six (6) feet in length and must have a swivel device on the anchor and collar end to prevent tangling. (C). A person shall not chain or tether a dog with a chain or tether that weighs more than one-eighth of the dog's body weight. (D). A person shall not tether an animal in a manner that permits the animal to leave the person's property. (E). Tethering: It shall be unlawful: (1). For any dog to be tethered between the hours of 11 :00 p.m. and 6:00 a.m. (2). To tether any unsterilized dog for any period of time. (3). To tether or confine a dog at a vacant structure or premises for any purpose when it is not monitored by an adult who is present at the property for the duration of such tethering or confinement. (4). To tether a dog under six (6) months of age. (5). For more than three (3) dogs to be tethered simultaneously at the same residence. (6). To have contact between tethered dogs. (7). For tethered dogs to be within three feet of another person's property, public thoroughfare, and/or right-of-way. (8). To tether a dog without access to adequate shelter at all times. Sec. 6-63. Food and water. All animals shall have fresh, potable drinking water and shall be provided with food that is nutritional for that species in adequate amounts to maintain good health. Sec. 6-64. Vaccinations; tags. Cats and dogs over the age of six (6) months must be vaccinated by a licensed veterinarian against rabies. One-year and three-year rabies vaccine may be used as per Indiana Administrative Code. Both cats and dogs must wear a current rabies tag at all times attached to a properly fitted collar or harness. Sec. 6-65. Medical care generally. All animals shall be provided with necessary medical care in addition to the required rabies vaccination. . Sec. 6-66. Removal of excrement. Persons responsible for an animal shall immediately remove the animal's excrement from public lands or from the property of another. This section shall not apply to: (1). A person with a service animal as defined in I.C. 35-46-3-11.5, if the person is impaired by blindness or other visual impairment, or if the person has a physical disability or medical condition that prevents the person from complying with this section. (2). Situations in which the property owner consents to the placement of excrement on his/her property. Sec. 6-67. Sanitation. All animals, where kept inside, or in a pen, tied, fastened, hitched, leased, or enclosed by a fence shall be kept in a sanitary manner. The person(s) responsible for the animals shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact. Sec. 6-68. Wild, farm or exotic animals. No farm animal/livestock shall be kept within the city, subject to zoning ordinances. No wild or exotic animal shall be kept within the city without the necessary state and/or federal permits. Sec. 6-69. Restraint. All animals shall be properly restrained as defined in this chapter. Sec. 6- 70. Cruelty. No person shall abuse, beat, cruelly treat, neglect, torment, overload or overwork or otherwise abuse an animal, except that reasonable force may be employed to drive off vicious or trespassing animals. Sec. 6-71. Poisonous bait. No person shall set any type of poisonous substance or bait that is deemed harmful to any domestic animal; provided, however, that controlled programs under the direction of the county Health Officer or his agents, or a licensed extermination service may be excluded. Sec. 6-72. Motor vehicle-caused injuries. Any person operating a motor vehicle who causes injury or death to a domestic animal shall stop at once, assess the extent of injury and immediately notify the owner, animal control officer, police department or the Animal Shelter of the location of the animal. Sec. 6-73. Animals in vehicles. No animal shall be left unattended in a vehicle when the conditions in the vehicle would constitute a health hazard to the animal. Sec. 6-74. Animals in heat. Every female dog or cat in heat shall be confined in a secure building or enclosure, so as to prevent conception, except during instances of planned breeding. Sec. 6-75. Abandonment. No person shall abandon or cause to be abandoned any animal anywhere within the city limits in any public or private place, way or building. Sec. 6-76. Public nuisance animals. No person shall own or harbor a public nuisance as defined in this chapter. The animal control officer may take steps immediately to correct the situation either through issuance of a citation or impounding the animal if no owner or agent can be found at the time of the disturbance. Sec. 6-77. Puppies and kittens. No puppy or kitten which is under the age of eight weeks may be offered for sale, trade or be given away. A puppy or kitten, or litter, less than eight weeks of age may be taken to the Animal Shelter. Sec. 6-78. Destruction of animals. No person may destroy any domestic animal within the city limits, except for the following: (1). Animal control officers; (2). Licensed veterinarian; (3). Persons acting in immediate self-protection or the protection of others; and (4). Police officers. Sec. 6-79. Lost or stray animals. Persons finding a stray animal shall immediately notify the Animal Shelter and surrender the animal to an animal control officer. At the discretion of an animal control officer, the animal may be kept by the finder to enable the finder an opportunity to return the animal to its rightful owner. Sec. 6-80. Animals as prizes or inducements. No person shall trade, barter, or give away any live animal, fish, bird or reptile as a 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 that establishments selling animals as their primary business. Sec. 6-81. Dyeing or staining animals; animals as novelties. (A). No person shall sell, offer for sale, trade, or barter any animal whose appearance has been chemically altered by dyes or staining. (B). No person or establishment shall sell, offer for sale, barter, or give away chicks, goslings, ducklings or other fowl as pets or novelties. Sec. 6-82. Prohibited animal events. No person or group of persons or any for-profit or not-for-profit organization, whether for payor other compensation or for free promotional purpose, shall conduct or allow any event involving contests between animals or persons using animals in any form or manner, except those events reviewed and approved by an animal control officer for public safety and the safety, well-being, and comfort of the animals involved. Sec. 6-83. Animal fights prohibited. (A). No person shall permit or conduct any dogfight, cockfight, or other combat between animals or between animals and humans. (B). No person shall possess animal fighting paraphernalia and a dog, cock, fowl or bird bearing a scar, wound or injury consistent with animal fighting. (C). No person shall attend an animal fighting contest. (D). No person shall sell, purchase, own, harbor, give away, barter, breed, or possess any animal for animal fighting. (E). No person shall permit anyone to use any building, shed, room, yard, ground, premises, vehicle or property, whether enclosed or not for purpose of animal fighting. (F). No person shall aid, abet, assist, act as judge or referee, bet or wager money or other valuable consideration on the outcome of, be at, attend, or in any way engage in the furtherance of, and exhibition of animal fighting. (G). Each animal affected by the defendant's conduct may constitute a separate count for the purposes of prosecution, adjudications and penalties under this section. Sec. 6-84. Training Methods. No animal may be induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or suffering. Sec. 6-85. Trapping. Traps that have been set in the city in violation of state or federal statutes and are discovered by or reported to the animal control officer may be seized. Sec. 6-86-6-110. Reserved. ARTICLE IV. BITING ANIMALS Sec. 6-111. Penalties for Article IV, Biting Animals. Any person who violates any section of this article shall be subject to a fine of not less than $100.00, nor more than $1,000.00 per violation. If enforcement must be pursued in court, the violator shall pay attorney fees incurred for enforcement. Sec. 6-112. Reporting required. (A). The person responsible for any animal which has bitten a person must report the incident to the animal control officer, the police department or to the Animal Shelter. Upon receiving the report, the animal shall be quarantined for ten (10) days with the place of confinement to be within the discretion of an animal control officer. During the quarantine period, the animal is to be securely confined and kept from contact with any other animal or person. (B). Quarantine procedures: (1). During the quarantine period, the owner must provide a current rabies vaccination certificate for his/her 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, after the quarantine period and before release. (2). Prior to release from the quarantine, a microchip shall be implanted in the cat or dog that was quarantined. If the quarantine was at a location other than a veterinarian's office or the Animal Shelter, the implant shall be done within 30 days after release from quarantine. Costs of the implant shall be at the owner's expense. The animal shall be registered for its life with the animal control officer. The microchip registration information shall be provided to the animal control officer. (3). The microchip used for these quarantine provisions shall be uniquely numbered. The microchip shall be contained in a sterilized implanting device, and shall be individually packaged. (4). The microchip and its corresponding registration history shall be considered prima facie evidence for any future dangerous animal determination in accordance with Article V. Dangerous Animals. Sec. 6-113. Destruction. Except when necessary to preserve the animal for examination or for the protection of a person, no person other than an animal control officer shall kill or cause to be killed any animal which has bitten a human within the preceding ten (10) days. Sec. 6-114-6-140. Reserved. ARTICLE V. POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS DIVISION 1. GENERALLY Sec. 6-141. Classification. (A). Classification of an animal as Potentially Dangerous Animal shall be based on specific behaviors exhibited by the animal, and/or defined injuries caused by the animal, and/or aggressive attack or guard training given to the animal. These levels are not a progression and nothing shall prohibit the determination to start at any appropriate level. Any animal that is specifically trained to be attack, aggressive guard or watch animal shall have a microchip inserted, if a microchip has not already been inserted. The microchip registration information shall be provided to the animal control officer. For purposes of this chapter, injuries and behaviors are defined in various levels of potentially dangerous animals. Upon finding by the animal control officer that a violation of this section has occurred, the city hearing officer shall declare the behavior to fall within one of the following levels and impose upon the owner/harborer the following conditions: (1). Level 1 behavior is established if an animal is running at large and causes injury to another animal or human that results in an oral scratch or less than four punctures. Upon a finding through proper investigation that this has occurred: (a). The animal shall be spayed or neutered. (b). If a microchip has not already been inserted in the animal, one will be inserted. The microchip registration information shall be provided to the animal control officer. (2). Level 2 behavior is established if the animal is running at large and causes injury to a domestic animal that may include tearing or death. Upon a finding through proper investigation that this has occurred: (a). The animal shall be spayed or neutered. (b). If a microchip has not already been inserted in the animal, one will be inserted. The microchip registration information shall be provided to the animal control officer. (c). It may be ordered that the animal will not be tethered outside if unattended by an adult or as provided under Sec. 6-62. (3). Level 2 behavior may also be established if an animal is running at large and causes injury to a human that is four or more punctures. Upon a finding through proper investigation that this has occurred: (a). The animal shall be spayed or neutered. (b). If a microchip has not already been inserted in the animal, one will be inserted. The microchip registration information shall be provided to the animal control officer. (c.) The animal will not be tethered outside if unattended by an adult or as provided under Sec. 6-62 (4). Level 3 behavior is established if an animal is running at large and causes injury to a human that results in deep punctures (four or more) and may include crushing or tearing from shaking. Upon a finding through proper investigation that this has occurred: (a). The animal shall be spayed or neutered. (b). If a microchip has not already been inserted in the animal, one will be inserted. The microchip registration information shall be provided to the animal control officer. (c). The animal will not be tethered outside if unattended by an adult or as provided under Sec. 6-62. (d). Humane muzzle and leash when off property. (e). Confinement as directed by the animal control officer and/or the Kosciusko County Animal Shelter. (5). Level 4. Repeat of any levels of classification will initiate a dangerous animal investigation or an increase in classification of the animal. (6). Any owner/harborer of an animal that has been identified as potentially dangerous pursuant to this section is required to report any change of address to the animal control officer or the Kosciusko County Animal Shelter prior to moving the animal. (7). Classification. If an animal is classified under this section as a Level I, 2, 3 or 4 potentially dangerous animal, the owner/harborer shall comply with the restrictions as defined in this section. Additionally, the animal control officer shall have the authority to impound and hold the animal, pending disposition by the court. (8). Non-progression. Notwithstanding the foregoing sections, the animal control officer may elect to proceed directly to the charge of dangerous animal, pursuant to division B below. (9). Declassification of a potentially dangerous animal. Owner must contact the animal control officer to begin declassifying their animal. The following conditions must be met: (a). Level 1 animals have been classified for one year without further violation of this section and Level 2 animals have been classified for three years without further violation of this section; and (b). The owner/harborer provides the animal control officer with written certification of satisfactory completion of obedience training for the animal classified. (10). When the owner/harborer of a potentially dangerous animal meets all of the conditions in this section, the restrictions for Level 1 and Level 2 classified animals may be removed. Animals identified as Level 3 or Level 4 shall not be declassified. (11). Costs incurred for the city hearing officer and the hearing to determine classification of a potentially dangerous animal shall be paid by the owner of the animal. (B). Dangerous animals prohibited. (1). Ownership/possession prohibited. No person shall own, keep or harbor a dangerous animal within the city; provided this section shall not apply to animals under the control of a law enforcement or military agency. An animal may be declared dangerous if it exhibits vicious behavior in present or past conduct, including but not limited to: (a). Evidence that the animal has bitten or attacked a person and/or an animal three or more unrelated times; or (b). Did bite or attack, a person or an animal, once causing wounds or injuries creating a potential danger to the health or life of the victim; or (c). Could not be controlled or restrained at the time of a bite or attack upon an animal or person; or (d). An animal has been purchased, bred, sold, trained or harbored for the purpose of animal fighting; or (e). The animal has been microchipped by a licensed veterinarian for the purpose of determining a positive occurrence of a prior bite or attack. (2). Costs and holding. The animal is to be held by the Kosciusko County Animal Shelter pending an investigation and adjudication pursuant to this section. The owner of an animal which is impounded and/or euthanized under this section shall be held responsible for payment of any expenses so incurred by the animal control officer or the Kosciusko County Animal Shelter. Sec.6-142. Dangerous Wild or Dangerous Exotic Animals. (A). No person shall keep, shelter, harbor, buy, sell or trade within the city a dangerous wild animal or a dangerous exotic animal as defined in this chapter, except as provided in division (B) below. (B). This section shall not apply to permitted zoological parks or zoos, circuses, educational or medical institutions. (C). Any animal found in violation of this section may be seized immediately. (D). The animal will be held in protective custody for seven calendar days to allow an owner to locate a new and appropriate owner or housing for the animal outside the city limits. If no arrangements have been made in seven calendar days, the animal will become the property of the city and disposition may be made at that time. (E). Costs. The owner of any animal, which is impounded and/or euthanized or relocated under this section, shall be held responsible for payment of any expenses so incurred by the animal control officer and/or the Kosciusko County Animal Shelter. Fees will be paid prior to release or relocation of the animal. (F). Wolf-hybrids and coydogs owned or harbored under this section, at the time of passage, must be registered with the animal control officer within 60 days of passage and shall be exempt from this section. Wolf-hybrids and coydogs must have no bite history in order to be exempt. If any wolf-hybrids or coydogs bites, or has previously bitten, a human or an animal, the wolfhybrid or coydogs will no longer be exempt from this section. All wolf-hybrids and coydogs registered under this section shall be spayed or neutered and microchipped at the owner's expense prior to registration. Wolf-hybrids and coydogs not properly registered within 60 days of passage of this article will not be exempt from this section. Sec. 6-143. Habitual Animal Offender. (A). It shall be unlawful to be a habitual animal offender. For the purposes of this section, a habitual animal offender shall mean any animal owner or harborer who, within any three-year period is convicted with three or more violations of animal care regulations of this chapter. The controlling date is the date of each animal ordinance violation, not the date of the plea entered, or the conviction resulting there from. (B). If found to be a habitual animal offender, the court or city hearing officer may order no animal ownership for a minimum period of three years, not to exceed ten years. Sec.6-144. Notification. (A). An owner or agent of an animal classified under this article shall notify the police department within one hour if the animal is running at large, has been stolen or has attacked a person or a domestic animal. (B). A person other than an animal control officer who harbors or holds in his possession a stray animal classified under this article of which he is not the owner or agent and does not report such possession to the police department within four hours after he comes into possession of the animal is guilty of an ordinance violation, punishable by a fine of not more than $50.00. Sec. 6-145. Breeding. Any person who breeds a potentially dangerous animal shall be guilty of an offense. If found to have violated this section, the potentially dangerous animal shall be neutered by a veterinarian. Sec.6-146. Pens or structures. A person who owns/harbors a potentially dangerous animal shall securely confine and restrain the animal indoors and/or provide a securely enclosed or locked pen or structure outdoors. This pen or structure shall be designed and maintained in a manner so as to prevent the animal from escaping, attacking, biting or otherwise endangering the safety of persons or domestic animals. All pens or structures must comply with all zoning and building regulations of the city. All such pens or structures must be kept in a clean, sanitary and healthy manner. Sec. 6-147. Change of ownership. If a person sells or otherwise transfers ownership of an animal classified under this article, that person shall notify in writing to the animal control officer through the police department within five days of the sale or transfer. The written notification shall include the name, breed, sex and age of the animal, the existing owner's name, address and contact information and the new owner's name address and contact information. Sec. 6-148. Public property. An owner of a potentially dangerous animal shall not cause or permit a person less than 18 years of age to walk, run, exercise or transport such animal on public property. The animal must be muzzled when walking, running, exercising or being transported on public property by his owner or agent, and must be kept under restraint by a leash. Sec. 6-149. Serious injury or death. (A). Definition; violation. If an animal having previously been classified under this article kills or causes serious injury to a person, the owner of the animal is guilty of an offense. The term "serious injury" means substantial bodily injury: injury that causes disfigurement, impairment of health, or impairment of a bodily part which is caused by the animal biting, and which is medically documented. The term "serious injury" shall not mean a nip from an animal. (B). Temporary forfeiture of animal; impoundment. If an animal having previously been classified under this article kills or causes serious injury to a person, the ownership of the animal shall be temporarily forfeited with the animal being humanely impounded, if possible, and held pending disposition of the legal procedures instituted by the city for such violation. The owner shall be responsible for the costs of caring for the animal during the period of impoundment, including, but not limited to, costs of boarding and veterinary treatment as necessary. (C). Permanent forfeiture upon conviction. Upon conviction or at the owner's request prior thereto, the owner's right to possession, title, custody or care of the animal will be permanently forfeited, and the animal shall be euthanized in a humane manner. (D). Exception. The owner of an animal who kills or causes serious injury to a person who has committed criminal trespass (as heretofore defined), whether convicted or not, shall not be subject to the provisions set forth in this section. K-9 patrol/police dogs shall not be subject to the provisions set forth in this section. Sec. 6-150. Reporting by animal owners to police department. If a person owns or harbors a potentially dangerous animal or, in the event that any animal commits an act which defines an animal as a "potentially dangerous animal," the owner shall have 48 hours from acquiring ownership or from the time the owner harbors a potentially dangerous animal, or from the incident which triggers the applicability of the definition of a potentially dangerous animal to report the ownership, harboring or incident to the police department, for the animal control officer. Sec.6-151. Posting of signs by owners. The owner of a potentially dangerous animal classified as a Level 3 or Level 4 shall post signs on the property upon which the animal is kept, giving notice that a potentially dangerous animal is present upon the property. Signs shall be posted so that at least one sign is visible from any point of entry onto the property and must be posted within 48 hours of the time that an animal is declared to be a potentially dangerous animal. If the owner of a potentially dangerous animal moves from one address to another, a sign or signs shall be posted before the potentially dangerous animal is brought to live at the new address. Sec. 6-152 -170. Reserved. DIVISION 2. REGISTRATION Sec. 6-171. Application; contents. The owner of a potentially dangerous animal classified as a Level 3 or Level 4 shall register such animal with the animal control officer through the police department. The application shall be on a form provided by the animal control officer and shall be accompanied by all of the following: (1). Verification of the owner's name and current address by way of providing a photostatic copy of his /her driver's license, or other photo identification with necessary information; (2). Proof that the applicant owns the animal; (3). One copy of a registration certificate issued for the animal (if it is a dog) by the UKC, AKC and/or ADBA, if available; (4). One copy of the current immunization and health records for the animal; (5). Proof that the applicant has insurance coverage of not less than $300,000.00 for any injury, damage or loss caused by the animal; (6). Two photographs of the animal taken not more than one month before the date of the application. One photograph shall be a front view of the animal, and one photograph shall be a side view of the animal. (7). Identifying information from the microchip implanted in accordance with Sec. 6-141 of this article. (8). If the animal was previously registered under this article, the name and address of any previous owner and the number of the most recent license/microchip assigned to the animal. Sec. 6-172. Assignment of number. Identifying information assigned to the implanted microchips shall be used as the registration number for animals required to be registered under this article. In the event of duplication of coding of microchips, an additional digit shall be assigned by the animal control officer. Sec. 6-173. Permanent records; contents; copies authorized. The animal control officer shall keep a permanent record of the name and address of the owner or agent of each such animal registered under this article and the assigned number, along with name, breed, sex, color and two photographs of each animal so licensed. The animal control officer shall furnish to any law enforcement agency a true copy of these records upon request. This ordinance shall be in force and effect from and after its passage according to law. THIS ORDINANCE ADOPTED AND APPROVED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, ON THIS 2ND DAY OF AUGUST, 2010. AYE NAY Dr. Joseph Thallemer Kyle Babcock Jeff R. Grose Charles D. Smith George M. Clemens Jerry Patterson Daniel H. Hampton PRESENTED TO AND APPROVED by me on this 2nd day of August, 2010. Ernest B. Wiggons, Presiding Officer of the Common Council of the City of Warsaw ATTEST Lynne Christiansen, Clerk-Treasurer a9 [[In-content Ad]]
