The URL can be used to link to this page

Home My Public Portal About001-2017 - General - Change City Code on Dog BarkingCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA AMENDED ORDINANCE NO. 1-2017 A GENERAL ORDINANCE AMENDING SECTION 91.04 AND SECTION 91.98 OF THE RICHMOND CITY CODE WHEREAS, Chapter 91 of the Richmond City Code ("RCC") is entitled "Animals"; and WHEREAS, Common Council recognizes its continuing obligation to enact and update ordinances that promote public safety and welfare; and WHEREAS, It is important for the public safety and welfare to update a certain portion of the laws regarding animals and animal control. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, as follows: Section 1. That the following Section 91.04 and Section 91.98 of the Richmond City Code shall be amended to read as follows except that portions that appear in bold shall appear in normal print and portions that are stricken shall not appear (bold portions represent new additions to Code and stricken portions represent deletions; these are included to facilitate understanding of the changes being made): 91.04 RESTRAINT AND QUIETUDE (a) Dogs shall be kept under restraint, as defined in this Chapter at all times. At the discretion of the Animal Services Officer or an Officer of the Richmond Police Department, an unrestrained cat which is creating a nuisance on private property may be included under this section, following prior notice to the owner. (b) The owner shall not allow his or her deg animals(s), while outside, to disturb the peace and quiet of any person within the city by barking, howling or making noise of any kind for prolonged periods of time, e6peGially dudng night time hows, either continuously for 45 five (6) ten (10) minutes or intermittently over a period of at least two ",z) hours €r#eeR (16) rites twenty (20) minutes between the hours of 11:00 p.m., and 7:00 a.m. or continuously for twenty (20) minutes or intermittingly for thirty (30) minutes between the hours of 7:00 a.m. to 11:00 p.m., without being intentionally provoked, so as to disturb the quiet of the neighborhood or any citizen or citizens. An Animal Control Officer or Police Officer may take steps immediately to correct the situation and cause the noise to be abated, either through the issuance of a warning, citation or impounding of the animal if no owner or agent can be found at the time of the disturbance. It is understood this subsection shall apply to a sheltering facility maintained on a not -for -profit basis for homeless and unrestrained dogs; provided, a more liberal standard shall be used regarding any violation of this subsection recognizing the special needs of such a shelter. (0 Upon raomplaint and exeGutien by aRy Gitizen of a swoFn affidavit that said afflant has aGtual knowledge oF pFeef that 91.04(b) has been vielated, the City I sitatien. (c) An owner of an animal found running at large or found to be responsible for a human or animal bite shall be required to: (1) Obtain a city registration tag that includes an intact animal notation for each animal in violation at a cost of one hundred dollars ($100.00) in addition to the cost of any required City tag; or (2) Have the animal spayed or neutered within thirty (30) days of the violation and obtain a City registration tag showing proof of the sterilization of the animal in violation. (d) After the third violation of subsection (a) above where an animal is found to have been running at large the owner of the animal shall be required to release custody of the animal to an Animal Control Officer (unless that animal has already been captured by the Animal Control Officer) so that the Officer may conduct a temperament evaluation upon the animal. If the Animal Control Officer determines the animal is dangerous or vicious, the Officer shall then comply with 91.15 (DangerousNicious Dogs) to allow a public hearing to be held on the matter. (Ord. 1-2017) 91.98 PENALTY (a) In addition to any other penalties imposed by this chapter, any person violating the provisions of this chapter shall be subject to a fine of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, two hundred fifty dollars ($250.00) for the third offense, and five hundred dollars ($500.00) for the fourth and each subsequent offense within a GalendaF yea (except when fined pursuant to subsections (b) or (c) herein). (b) In addition to any other penalties imposed by this chapter, any person violating the provisions of 91.04(c) (Restraint and Quietude) shall be subject to a fine of one hundred dollars ($100.00) for the first offense within a calendar year, in addition to the requirement to either obtain a city registration tag with an intact notation or proof of sterilization. The second offense within a calendar year shall result in a fine of two hundred fifty dollars ($250.00) and impoundment of the animal. After the second offense the owner must produce a city registration tag with an intact notation or a prepaid spay/neuter certificate from a licensed veterinarian or spay/neuter clinic to reclaim the animal. Failure to reclaim within five (5) days shall result in the animal becoming the property of the sheltering facility. (c) In addition to any other penalties imposed by this chapter, any kennel, shelter or pet shop which violates the provisions of 91.14 (Kennels, Shelters and Pet Shops) shall be subject to a fine of five hundred dollars ($500.00) for the first offense and a fine of one thousand dollars ($1,000.00) for any subsequent offense in the same calendar year. (d) In addition to any other penalties imposed by this chapter, any person violating the provisions of 91.16 (Humane Care of Animals) shall be subject to a fine of fifty dollars ($50.00) for the first offense within a calendar year and one hundred dollars ($100.00) for the second and each subsequent offense within a calendar year. (e) In addition to any other penalties imposed by this chapter, any person violating the provisions of 91.15 (DangerousNicious Dogs) or 91.18 (Breeding Regulations) shall be subject to a fine of one hundred fifty dollars ($150.00) for the first offense within a calendar year and two hundred fifty dollars ($250.00) for the second and each subsequent offense within a calendar year. (f) In addition to any other penalties imposed by this chapter, any person violating the provision of 91.19 (Free Roaming Cats) shall be subject to a fine of twenty-five dollars ($25.00) per cat in violation and the cat shall be impounded by Animal Control. Impounded cats may, at the discretion of Animal Control, be released to an alternate managed colony or be humanely euthanized. (g) In addition to any other penalties imposed by this chapter, any owner of an animal which bites a person or another animal without provocation while running loose shall be fined one hundred dollars ($100.00). (h) All fines shall be payable to the City Clerk. Failure to remit the fine within fifteen (15) days of the issuance of the ordinance violation citation shall result in doubling the fine and the filing of an enforcement action in Wayne County Court. (Ord. 1-2017) Section 2: Effective Date This Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Richmond, Indiana. This Ordinance is intended to supersede the animal nuisance provisions of Richmond City Code (RCC) 130.27(b)(10). Passed and adopted this 20th day of March 2017, by the Common Council of the City of Richmond, Indiana. President (Misty 1401110 ATTE (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this 21 st day of March, 2017, at 9:00 a.m. (Karen Chasteen, IAMC, MMC) APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this _,;, day of ill A O-r-4 2017, at 9:05 a.m. A (Karen Chasteen, IAMC, MMC) JL�,Mayor w)