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Home My Public Portal About001-2018 - General - Changing Code - AnimalsCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA AMENDED ORDINANCE NO. 1-2018 A GENERAL ORDINANCE AMENDING SECTION 91.16 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 91.16 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): 91.16 HUMANE CARE OF ANIMALS (a) Humane Treatment of Animals (1) Every owner or keeper of an animal: (A) Shall ensure his or her animal: (i) Has wholesome, nutritious food that is appropriate for the species in adequate amounts to maintain good health, and adequate fresh potable water and fresh air compatible with that animal's biological requirements to maintain body weight and hydration. (ii) Has shelter and protection from adverse weather (heat, cold, wind, rain, snow) of such design (e.g. dog house with three (3) walls, a roof and floor) that the animal(s) can be completely dry and out of the wind, can heat the enclosed space with its own body heat with the assistance of bedding (e.g. straw or blanket), and has adequate ventilation to provide fresh air. If the animal is placed into an outdoor enclosure (e.g. kennel or pen) the enclosure must be a minimum of 100 square feet in size (10, x 10') and be constructed of material that is sturdy enough to prevent escape and must contain within it a dog house or shelter as described above. The outdoor enclosure must be tall enough to prevent escape and must have a top of such a design that escape is prevented but ventilation and daylight can penetrate (e.g. chain -link top). (iii) Is provided the reasonably necessary medical care, and if diseased, distressed, or injured or exhibiting symptoms of disease, distress or injury, receives proper care and is segregated from other animals so as to prevent transmittal of disease. (iv) Is kept in a clean and sanitary manner and is not so confined so as to be forced to sit, stand or lie in its own excrement, mud, or puddles, and shall ensure that the animal's area is maintained and cleaned. (b) Shall not tether any animal, as defined under this ordinance, as a permanent means of confinement. An animal may be temporarily tethered, only if the following conditions are met: (i) The animal must be attached by a tether no shorter than 12 feet that is free from entanglement and it must be attached by a non -choke buckle collar or harness. The tether must be of a reasonable weight such that the animal may move freely about. The animal shall not be attached by use of a choke collar, snap collar, or any collar made out of chain, or any collar too small for the size and age of the animal, or by any rope, chain, cable, or cord directly attached to the animal's neck; (ii) The animal's owner or custodian is outside and in visual contact with the animal or the animal is tethered only for the reasonable time necessary for the animal's owner or custodian to complete a temporary task (e.g. work shift) not to exceed a maximum of 12 hours in any 24 hour period; (iii) Food, water and appropriate shelter must be available to the animal while it is tethered; and (iv) The animal must be monitored periodically. (v) If there are multiple tethered animals, each animal must be tethered separately in a manner that prevents the tethers from becoming entangled with each other or any other object, and animal must have separate water and shelter. (vi) If the animal is attached to a trolley system, the running line must be at least twelve (12) feet in length and the tether length must be greater than the height of the running line. (vii) The tether is located so as not to allow the animal to trespass on public or private property nor in such a manner as to cause harm or danger to persons or other animals. (c) Shall not abandon or neglect his or her animal. (1) Every owner or keeper of an animal(s) shall protect such animal(s) from abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment. The failure to adhere to this provision shall be determined by a reasonably prudent person standard under the circumstances then existing. (2) Torture, mutilation, or killing an animal (A) No person shall knowingly or intentionally: (i) Torture, beat or mutilate an animal resulting in serious injury to the animal, or (ii) Kill an animal. (B) Defense It is a defense to a violation of preceding subsection that an accused person reasonably believed that the conduct or action in question was necessary to: (i) Prevent injury to the accused person or another person. (ii) Protect the property of the accused person from destruction or substantial damage; or (iii) Prevent a seriously injured or seriously ill animal from prolonged suffering. (3) Destruction of an animal is authorized under this section only if the animal is destroyed by a veterinarian, the Animal Services Officer, an approved animal shelter, or humane society under acceptable veterinary practices after it has been determined by the Animal Control Officer, veterinarian, animal shelter, or humane society that it is in the best interest of the animal that it should be destroyed. (4) Every owner or keeper of an animal must ensure that the animal is not exposed to conditions of excessive heat or cold, or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority, except when the animal is in visual range of a competent adult who is outside with the animal. Further, every owner or keeper of an animal must adhere to standards consistent with that of a reasonably prudent person in determining whether an animal is articulable signs of distress due to the weather conditions, taking into account all relevant circumstances, such as the animal's breed and shelter, and shall take reasonable measures to alleviate any such distress. (B) Impoundment (1) A law enforcement officer or any other person authorized to enforce the provisions of this section or to impound animals may take custody of the animal if he or she has probable cause to believe: (A) That there has been a violation of this section. (B) That the animal is being exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial threat to the animal. (2) The animal shall be properly cared for pending disposition of charges under this section. (3) If the owner requests, a hearing shall be held before the Board of Public Works and Safety to determine if the animal should be returned to the owner. If the Board determines that probable cause does not exist to establish the conditions of this section, the Board shall order the animal returned to its owner. Notwithstanding a finding that probable cause does not exist, the Board, in its discretion, may return the animal to its owner with the imposition of reasonable requirements as may be necessary to insure future compliance by the owner with this section. (4) If a person is determined to be in violation of this section, the Court or the Board of Public Works and Safety may impose the following additional penalties against the person: (A) A requirement that the person pay the cost of caring for the animal involved in the offenses that are incurred during a period of impoundment authorized under this section. (B) An order terminating the person's right to possession, title, custody or care of an animal that was involved in the offense, if the Court or the Board of Public Works and Safety find that the animal may continue to be exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial threat to the animal. (5) If a person's right to possession, title, custody or care of an animal is terminated under the preceding subsection (4)(B) of this section, the Court or the Board of Public Works and Safety may award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals. (c) Animal Hoarding Animal hoarding is prohibited. (d) Exceptions from Ordinance Except as provided for in subsection (a), the provision of this section do not apply to the following: (1) Fishing, hunting, trapping or any other conduct authorized under I.C. 14-2. (2) Conduct regarding livestock authorized under I.C. 15- 5-7. (3) Veterinary practice authorized by standards adopted under I.C. 15-5-1.8. (4) Acceptable farm management practices. (5) Conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act I.C. 16-6-5, and rules adopted under I.C. 16- 6-5, for state or federally inspected livestock slaughtering facilities. (6) A research facility registered with the United States Department of Agriculture under the Animal Welfare Act. (7) Conduct which is otherwise authorized by a duly adopted ordinance of the City of Richmond or statute of the State of Indiana or the United States. (e) It shall be a violation of Richmond Code for any person to intentionally provoke or tease an animal. (f) ANIMALS AND VEHICLES No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal. (g) INJURY CAUSED BY A MOTOR VEHICLE TO ANIMALS Any person operating a vehicle who causes injury or death to an animal shall stop at once, assess the extent of injury, and immediately notify the owner, police department, or the Animal Services Officer of the location of the animal. (Ord. 1-2017; Ord. 1-2018) 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 one hundred dollars ($100.00) for the first offense, two hundred fifty dollars ($250.00) for the second offense, five hundred dollars ($500.00) for the third offense, and one thousand dollars ($1,000.00) for the fourth and each subsequent offense (except when fined pursuant to subsections (b) or (c) herein). Further, any person violating Section 91.16 is subject to Section 91.16(c)(B) — Impoundment, which may result in the removal of the animal(s) as more specifically set forth within that section. (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, in addition to the requirement to either obtain a city registration tag with an intact notation or proof of sterilization. The second offense 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 violated 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. (d) 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. (e) In addition to any other penalties imposed by this chapter, any person violating the provision of 91.18 (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. (f) 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). (g) 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; Ord. 1-2018) 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. Passed and adopted this 16th day of January 2018, by the Common Council of the City of Richmond, Indiana. President ATTES . (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this�� day of , 2018, at 9:00 a.m. ty Clerk (Karen Chasteen, IAMC, MMC) AP ROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this Z7iday of 7 2018, at-9-65-a rn— Lkl_ 2A n,.� Mayor (Davi Sn w) ATTES , (Karen Chasteen, IAMC, MMC)