HomeMy Public PortalAboutCHAP 91 Animals.pdfPage 1 of 25
CHAPTER 91: ANIMALS
SECTION
91.01 Definitions
91.02 Registration
91.03 Owner Identification Registration, Tag and Collar
91.04 Restraint and Quietude
91.05 Removal of Excrement
91.06 Impoundment
91.07 Redemption of Impounded Animals
91.08 Rabies Control
91.09 Reports of Bite Cases
91.10 State Laws and Regulations
91.11 Investigation
91.12 Records
91.13 Animal Control Fund
91.14 Kennels, Shelters and Pet Shops
91.15 Dangerous/Vicious Dogs
91.16 Humane Care of Animals
91.17 Breeding Regulations
91.18 Free Roaming Cats
91.97 Enforcement
91.98 Penalty
91.99 Unconstitutionality Clause
91.01 DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this
Chapter.
(a) “ANIMAL” - A vertebrate animal not including any human being.
(b) “ANIMAL SERVICES OFFICER” or “ANIMAL CONTROL OFFICER”
– the person or persons employed by the City Police Department as its
enforcement officer or the humane society when its agents or employees are
duly authorized to carry out the Animal Services Officer’s or Animal Control
Officer’s duties set forth within this chapter.
(c) “ANIMAL SHELTER” - any premises designated by action of the City
or any facility operated by a humane society, or its authorized agents, for the
purpose of impounding and caring for all animals held under this chapter or
held under state law.
(d) “AT LARGE” - an animal shall be deemed to be “at large” when it is off
the property of its owner and not under restraint as defined in subsection (r)
of this section.
(e) “CITY” - the City of Richmond, State of Indiana
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(f) “COLONY”- means a group of one or more free-roaming cats.
(g) “COLONY CARETAKER”- means a person who provides food, water,
shelter and necessary medical care for free-roaming cats in a managed colony.
Colony caretakers shall not be deemed to be owners, as defined by Chapter
91.01, of the cats within a managed colony.
(h) “DOMESTIC ANIMAL” - means cattle, calves, horses, mules, swine,
sheep, goats, dogs, cats, poultry or other bird, and any other animal deemed
by the Health Officer, after consultation with the State Board of Health, as not
being a wild animal.
(i) “FREE ROAMING CAT”- means any homeless, stray, feral, or
untamed cat.
(j) “HEALTH OFFICER” - the Health Officer of Wayne County, State of
Indiana, or his duly authorized representative.
(k) “HOARDING” – any action or condition in which a person keeps ,
harbors, or homes animals at their home or place of residence in a manner
that creates health or safety concerns for any person or animal residing in
that same residence or which may create a nuisance in the form of excessive
barking or excessive odors emanating from the residence.
(l) “HUMANE SOCIETY” – an organization that holds the status of an
Internal Revenue Service 501(c)(3) non-profit organization, is affiliated with
the National Humane Society, and has as its principal purpose the humane
treatment of animals.
(m) “KENNEL” – Any premises or portions thereof on which more than five
(5) dogs, cats, or other domestic animals over four (4) months of age are
kept, or on which more than three (3) such animals are maintained, boarded,
bred, or cared for, in return for remuneration, or are kept for the purpose of
sale. The term “kennel” does not include any outdoor location that is deemed
by Animal Control to be a location inhabited by a registered managed colony.
(n) “MANAGED COLONY” - means a colony of free-roaming cats that is
registered with the Animal Control Officer of the Richmond Police Department or
its designee and is maintained by a colony caretaker using Trap-Neuter-Return
methodology.
(o) “OWNER” - a person, partnership, or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored if
it is fed or sheltered for three (3) consecutive days or more.
(p) “PET SHOP” - Any establishment or location used for the purpose of
selling small animals, including aviaries used to raise birds.
(q) “PERSON” - Any individual, partnership, co-partnership, firm,
company, corporation or any other legal entity or its legal representative or
agent.
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(r) “RESTRAINT” - under the control of the owner or other competent
person by means of a leash, or with the owner or other competent person and
obedient to the person’s commands or confined in a pen, yard, cage, house,
or other secure enclosure.
(s) “SMALL ANIMALS” - Any dogs, cats, fowl, rats, mice, fish, turtles,
chickens, ducks, rabbits, pigeons, reptiles, hamsters, gerbils, or any other
small animals or birds.
(t) “TETHERING”- means to attach an animal to a stationary object such
as a fence, pole, dog house, building, tree or other fixed object as a means of
confinement.
(u) “WILD ANIMALS” - any animal that is not a domestic animal.
91.02 REGISTRATION
(a) No person shall own, keep or harbor a dog or cat within the City limits
unless such dog or cat is registered as herein provided. Application for such
registration shall be made to any of the following: City Controller,
veterinarians registered for this purpose with the City Controller, any
premises designated by action of the City for the purpose of impounding and
caring for animals, held under this chapter or state law, the humane society,
any humane society registered for this purpose with the City Controller, and
pet shops registered for this purpose with the City Controller. Such
application shall state the name, address, and telephone number of the
owner and the name, breed, color, age, sex and reproductive status of the
dog or cat. The registration fee shall be paid at the time of making
application, a numbered receipt given to the applicant, and a numbered tag
shall be issued to the owner.
(b) Any humane society as defined under this Chapter which is registered
with the City Controller to accept applications for registrations are required to
submit to the Controllers office on a monthly basis a report setting forth the
information required under 91.02(a) along with the tag and registration
numbers assigned to each applicant. The humane society shall keep a
percentage of any proceeds collected as reflected in Section 91.13 to assist
the humane society with any administrative costs and costs associated with
its sterilization program.
(c) The yearly registration fee shall be fifteen dollars ($15.00), unless a
certificate by a veterinarian stating the dog or cat is sterilized is furnished to
the person issuing the license tag, in which case the fee shall be eight dollars
($8.00).
(d) All dog and cat registrations shall be issued for one (1) calendar year
beginning with the first (1st) day of January. All residents who acquire new
dogs or cats during the calendar year shall register said dogs or cats within
thirty (30) days of their acquisition. All new residents moving into the City with
dogs or cats shall register said dogs or cats within thirty (30) days of residency.
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Registrations obtained on or after July 1st of each calendar year shall pay one-
half (½) of the yearly registration fee; such registrations must then be renewed
each January at the regular yearly fee.
(e) In the event that the owner identification registration tag issued for a
dog or cat shall be lost, the owner may obtain a duplicate tag upon the
payment of two dollars ($2.00).
(f) If there is a change in ownership of a dog or cat during the registration
year, the new owner may have the current registration transferred to his
name upon payment of a transfer fee of two dollars ($2.00).
(g) No person shall use for any dog or cat a registration receipt, or
registration tag, issued for another dog or cat.
(h) Any premises designated by action of the City for the purpose of
impounding and caring for animals found at large in violation of this chapter
and properly licensed pet shops are exempt from the registration
requirements of this section.
91.03 OWNER IDENTIFICATION REGISTRATION TAG AND COLLAR
(a) Upon complying with the provision of Section 91.02, there shall be
issued to the owner a numbered registration tag, stamped with the number
and the year for which issued.
(b) In addition, an owner shall also affix to the dog’s or cat’s collar an
owner identification containing the name, address, and telephone number of
the owner of the dog or cat.
(c) Every owner is required to see that the tag is securely fastened to the
dog’s or cat’s collar, which must be worn by the dog or cat at all times.
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 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, either continuously for ten (10)
minutes or intermittently over a period of at least 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 -
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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.
(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 9 1.15
(Dangerous/Vicious Dogs) to allow a public hearing to be held on the matter.
(Ord. 1-2017)
91.05 REMOVAL OF EXCREMENT
(a) An owner of an animal shall be responsible to immediately remove such
animal’s excrement from any public lands or from the real estate of any other person.
(b) In the event any person, guest, or agent of an owner is in possession of the
animal in lieu of the owner, the owner shall still be responsible for the actions of such
person and the requirements of this section.
(c) To the extent a “family” is deemed to be an owner of an animal, the duties
and requirements of this section shall be the joint and several responsibility of each adult
member of the family, and each such adult may be held jointly and severally responsible
for any penalty herein. )
(d) The provisions of this section shall not apply to a blind person working with a
guide dog or to a handicapped person utilizing a wheelchair.
91.06 IMPOUNDMENT
(a) Animals found at large and appearing to be abandoned shall be
apprehended by the Animal Services Officer and impounded in an
animal shelter or humane society for a period of not less than five (5)
days (provided such five days must include at least one full weekend),
and thereafter such animals may be adopted out or disposed of in a
humane manner, unless that animal has been placed on hold status
by an Animal Control Officer. The Animal Services Officer shall
attempt to contact the owner of any tagged animal by telephone within
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48 hours of picking up such animal if the telephone number appears
on the tag. The animal shelter or humane society holding any
impounded animal that has not been placed on hold status by an
Animal Control Officer shall attempt to contact the owner of any
tagged animal by telephone a minimum of three times prior to
adopting out or humanely disposing of the animal if the animal
displays current city registration tags or other identification.
(b) When an animal is found at large and its ownership is known to the
Animal Services Officer, such an animal does not have to be
impounded. The Animal Services Officer may cite the owner for
violation of the Richmond Code and return the animal to the owner.
91.07 REDEMPTION OF IMPOUNDED ANIMALS
(a) An impounded animal shall be returned to its owner upon written
certification of intent to comply with Sections 91.02 and 91.08 of this Chapter
and upon payment of all fines and fees assessed or incurred under this
chapter and charges for care and medical treatment incurred by the animal
shelter or humane society in holding such animal provided that any animal
that has bitten a person may not be returned to its owner unless authorized
by the Health Officer and/or Animal Services Officer. Prior to any non-
immunized animal being returned to its owner, the owner shall pay the cost of
immunization and an administrative fee to the animal shelter or humane
society. The owner will then receive a certificate, which certificate shall entitle
the owner to have the animal immunized at the veterinarian’s office, low-cost
sterilization clinic, or humane society indicated on the certificate.
(b) Not withstanding any other section of this Chapter, any animal shall
be promptly destroyed for public health considerations or humane reasons
upon the written order of the Health Officer or a licensed veterinarian by the
animal shelter or humane society holding such animal.
(c) In the event any owner fails or refuses to comply with 91.07(a) above
after fourteen (14) days the impounded animal shall be sent to the humane
society for immunization, sterilization, and adoption.
91.08 RABIES CONTROL
(a) No person shall own, keep, harbor or maintain a dog over six (6)
months of age that has not been immunized, by a licensed veterinarian,
against rabies. Such immunizations and term of quarantine shall be in
accordance with State laws, rules and regulations.
(b) Every dog, or other animal, which bites a person or domesticated
animal shall be promptly reported to the Richmond Police Department, and
shall thereupon be placed under quarantine by the Animal Services Officer at
a location to be determined at the discretion of the Animal Services Officer. In
cases of stray animals, in the cases of animals whose ownership is not
known, and in the cases of animals for which proof of immunization is not
available, such quarantine shall be at the Animal Shelter or humane society.
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If a domesticated animal is bitten by another animal, an Animal Control
Officer may request that the domesticated animal be placed under quarantine
by its owner for ten (10) calendar days at a quarantine location to be
determined by the Officer. Animals placed under quarantine shall not be
released from such quarantine until the Health Officer receives a signed
statement from the owner or custodian of the animal certifying that the animal
is alive and well. If the person bitten is a child, it shall be the duty of the
parent or the guardian to make such report immediately. If the person bitten
is an adult, such person shall himself make the report, or, if incapacitated, it
shall be reported by whoever is caring for the person bitten. The Animal
Services Officer shall promptly report all animal bite cases to the Health
Officer.
(c) The owner or custodian of an animal placed under quarantine shall
not permit the animal to leave the premises without the permission of the
Health Officer, shall keep the animal under restraint at all times, shall observe
the animal at least twice daily to see that it is alive and well; and shall
immediately notify the Health Officer or Police Department if the animal
should escape, be killed, become ill or die.
(d) No person shall kill, or cause to be killed, any domestic animal
suspected of having been exposed to rabies, or any domestic animal biting a
person, or remove same from the City limits without written permission from the
Health Officer or Animal Services Officer.
(e) No person shall fail or refuse to surrender any animal for quarantine or
destruction as required herein when demand is made therefore by the Health
Officer or the Richmond Police Department.
(f) If death should occur to an animal which has bitten a person within the
past ten (10) days, the owner or person responsible for the animal shall retain
the body of the animal and immediately report the death to the Health Officer
or the Richmond Police Department. In the case of a biting animal which is
not owned or a biting animal whose owner cannot be located or is unknown,
the person who has knowledge of the death, of such an animal shall
immediately report it to the Health Officer or the Richmond Police
Department. Any wild animal that bites a human and is able to be captured
shall be humanely euthanized at once.
(g) The Animal Shelter is exempt from this section.
(h) The State statutes and State regulations governing rabies,
immunization, impoundment and disposal of suspected rabid animals is hereby
incorporated by reference, including any subsequent changes as enacted by
the State Legislature and/or the State Board of Health and any other
appropriate State or Federal Agencies. The Wayne County Health officer and
his/her designated agents and the Richmond Police Department and any other
person or persons as authorized by the Richmond Board of Public Works and
Safety are hereby authorized to carry out the provisions of any city regulations,
state laws and federal laws or regulations governing rabies control, the
impoundment of animals and the disposal of suspected rabid animals.
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91.09 REPORTS OF BITE CASES
(a) It shall be the duty of every physician, or other practitioner, to promptly
report to the Health Officer or Police Department the names and addresses of
persons treated for bites inflicted by animals, together with such information
as will be helpful in rabies control.
(b) Every veterinarian, law enforcement officer, and any person involved,
shall promptly report to the Health Officer, or Police Department, all humans
and animals bitten by a dog or other animal. The report shall include all
information necessary to locate the person or animal bitten and the animal
responsible for the bite or bites.
91.10 STATE LAWS AND REGULATIONS
The owner of any dog or other animal shall comply with all State laws, rules and
regulations pertaining to dogs and other animals.
91.11 INVESTIGATION
No person shall interfere with, or hinder the Health Officer or any member of the
Richmond Police Department or humane society in the performance of their duty to
enforce the provisions of this chapter.
91.12 RECORDS
(a) It shall be the duty of any Animal Shelter or humane society to keep,
or cause to be kept, accurate and detailed records of the impoundment and
disposition of all animals coming into its custody. Such records shall be
made available to the City and/or Health Officer on request.
(b) It shall be the duty of the Health Officer and the Richmond Police
Department to keep, or cause to be kept accurate and detailed records of all
animal bite cases reported to it, and its investigation of same.
91.13 ANIMAL CONTROL FUND
(a) Establishment of Fund
There is established an animal control fund, which is established as a non-
reverting fund for the animal control program of the City. Common Council
shall review on an annual basis or as necessary any percentages of amounts
to be retained by agents registered with the Controller’s office under 91.02 for
yearly tags and registration.
(b) Sources
Sources of revenue for the animal control fund shall be:
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(1) Funds received by the Clerk’s office from the yearly
registration fees of dogs and cats;
(2) Forty (40%) percent of registration funds received from each
premises registered with the City Controller under 91.02 to
accept applications for yearly registration fees of dogs and
cats;
(3) Donations received from outside sources; and
(4) Specific appropriations by the City.
(c) Purpose
The purposes for which funds may be expended are limited to:
(1) Funding of the salary of the Animal Services Officer;
(2) Purchase of materials, supplies, and services for the use and
benefit of the City animal control program or humane society;
(3) Funding of the animal shelter contract or the humane society
contract;
(4) Donations to animal shelters or humane societies located
within the City of Richmond; and
(5) The Richmond Police Department Emergency Animal Fund.
(d) Disbursement Procedures
The City Controller’s Office shall adopt accounting and disbursement
procedures in accordance with regulations and guidelines of the State Board
of Accounts to control and account for the receipt and disbursement of
monies from this fund.
(e) Application of Funds
Monies obtained from the Clerk’s office for purchase of breeder’s notations,
intact notations and any fines that result from 91.18 shall be placed into a
separate account within the animal control fund and applied specifically to
sterilization procedures performed at a low-cost spay/neuter clinic, licensed
veterinary clinic, or a humane society.
91.14 KENNELS, SHELTERS AND PET SHOPS
(a) Licensing
(1) No person shall operate a kennel or pet shop within the city
limits of Richmond, Indiana, without first securing a license therefore.
Application for such license shall be made to the Animal Services
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Officer or humane society. No license shall be issued until approval is
granted by the Animal Services Officer and any other government
agency having jurisdiction.
(2) A kennel or pet shop license shall be issued on an annual
basis. The fee for such license shall be $100.00 per year, payable
into the Animal Control Fund.
(3) If the applicant withholds or falsifies any information on the
application, no license shall be issued and any license previously issued
on false or withheld information shall be revoked. No person previously
convicted of cruelty to animals, animal neglect or animal abandonment
shall be issued a kennel license without prior review by the Board of
Public Works and Safety.
(4) Any person who is denied a license or whose license is revoked
may seek reconsideration of the denial or revocation by the Board of
Public Works and Safety. All requests for appeals must be filed within ten
(10) days of the date of the denial or revocation of the license. All
requests for appeals must be in writing and addressed to the Board of
Public Works and Safety. The Board shall set the appeal for hearing
within thirty (30) days of the receipt of the written request.
(b) General requirements
(1) Each kennel or pet shop shall be kept in a clean and sanitary
condition as so determined by the Animal Services Officer.
(2) Measures shall be provided to control insects, rodents, and
odors.
(3) All animal waste shall be disposed of at such times and in such
a manner as directed by the Animal Services Officer. Under no
circumstances shall animal waste remain on the premises for more
than twenty-four (24) hours unless stored by a method approved by
the Animal Services Officer.
(4) All garbage and refuse shall be stored in accordance with
Chapter 93 of the Richmond City Code.
(5) The entire premises used in connection with the operation of a
pet shop or kennel shall be kept free of litter, articles, equipment, etc.,
that are not necessary for the operation and maintenance of same.
(6) (A) No kennel or pet shop shall harbor a dog, cat, or other
susceptible animal over eight (8) weeks of age that has not
been properly vaccinated against contagious diseases. The timing
and diseases vaccinated against must meet generally accepted
standards observed by area veterinarians.
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(B) Dogs, cats and other susceptible animals shall be
vaccinated against rabies if on the premises after six (6)
months of age.
(C) Certificates of vaccination from a licensed veterinarian
shall be maintained on the premises and shall be made
available to the Animal Services Officer upon request.
(7) All cages and pens housing animals shall be well constructed
and cleaned daily with a detergent and chemical sanitizer which are
safe for the animals housed in and near the cage.
(8) Any animal that acts unusual or appears to be ill shall be
isolated from other animals and shall not be sold until it has recovered
as authorized by a licensed veterinarian. Medical care shall be
provided by a licensed veterinarian to animals displaying signs of
illness or injury.
(9) Each kennel or pet shop shall be equipped with a conveniently
located hand washing facility for its employees, including a lavatory
equipped with hot and cold running water, hand-cleaning soap or
detergent, and individual sanitary towels or other hand-drying devices
deemed by the Animal Services Officer to be equally effective.
(10) The floor surfaces in all rooms where animals are housed shall
be of smooth, nonabsorbent materials, and so constructed as to be
easily cleanable.
(11) Records of previous ownership of animals shall be maintained
on the premises and shall be made available to the Animal Services
Officer or law enforcement agencies upon request.
(12) Drinking water shall be available to each animal at all times.
(13) All animals shall be provided with a daily well balanced diet.
The Animal Services Officer may require that records be kept of the
type and amount of food that is provided each animal daily.
(14) Pens, cages, and areas where animals are housed shall be
maintained at a temperature that will not be detrimental to the health
of the animals.
(15) The owner of a pet shop or kennel shall comply with all
applicable local, state and federal laws, ordinances, rules and
regulations in effect now or as amended, or which may be enacted in
the future.
(16) The Animal Services Officer shall inspect to make certain that
all caged animals have sufficient cage space to stand upright, to fully
extend, and to move about easily within the boundaries of the cage.
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In addition, the Animal Services Officer shall inspect to insure that
animals are not overcrowded within a cage.
(17) In order to be eligible to obtain a license, a kennel or pet shop
must be in compliance with the City zoning laws.
(18) City shelters and humane societies are required to provide the
name and address of any owner reclaiming an animal from their facility
that has been caught running loose, as well as the description of the
animal to Animal Control. Animal Control is responsible for making
certain that the owner is in compliance with the provisions of this chapter.
(19) City shelters and establishments selling pet animals are required
to provide the name and address of any owner selling or surrendering
puppies or kittens to their facility to Animal Control. Animal Control is
responsible for making certain the owner of the female animal that gave
birth to the litter reported is in compliance with the provisions of this
chapter.
(20) Animals without identification that are not reclaimed within
seventy-two (72) hours are subject to sterilization at the holding facility.
Owners wishing to reclaim following sterilization shall be required to pay
for the cost of sterilization in addition to any impound fees incurred.
(21) Animals that are owned by persons living outside of the city or
residing in city for less than thirty (30) days are exempt from this chapter.
Such owners are required to provide proof of residency upon the request
of animal control. Failure to provide adequate proof of residency shall
result in the owner’s requirement to submit to the applicable provisions of
this chapter.
(c) Records
It shall be the duty of every pet shop operator to cause to be kept accurate
and detailed records of all animals received and sold.
(1) Records shall include the name, address and telephone
number of each person from whom an animal had been received and
each person who has purchased an animal; a description (species,
breed, sex, size, color, etc.) and medical history of each animal, and
any other information that may be required by the Animal Services
Officer.
(2) Records shall be maintained on the premises for one (1) year
and shall be made available to the Animal Services Officer upon
request.
(3) Sales of fish are exempt from the record keeping provision of
this section.
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(d) Inspection
(1) At least once every twelve (12) months, or as often as deemed
necessary to ensure compliance, with this ordinance, the Animal
Services Officer shall inspect each kennel and pet shop for which a
license is required under the provisions of this section.
(2) The person operating a kennel or pet shop shall, upon the
request of the Health Officer, permit such Animal Services Officer
access to all parts of the kennel or pet shop and shall permit the
Animal Services Officer to collect evidence and to copy any or all
records relative to the enforcement of this section.
(e) Exemptions
Hospitals, common clinics, and other premises operated by licensed
veterinarians for the care and treatment of animals and charitable not-for
profit organizations are exempt from the provisions of this section except
those provisions in 91.14 (b), paragraphs (1), (2), (3), (4), (5), (7), (8), (9),
(10), (12), (13), (14) and (15).
91.15 DANGEROUS/VICIOUS DOGS
(a) The Definition of a “dangerous/vicious dog” shall include the
following:
(1) Any dog that because of its individual temperament or
because of its breed has a known propensity, tendency or disposition
to cause injury or to otherwise endanger the safety of human beings
or domestic animals; or
(2) Any dog that has inflicted severe injury on a human being
without provocation; or
(3) Any dog that has killed a domestic animal without provocation;
or
(4) Any dog owned or harbored primarily or in part for the
purpose of dog fighting or any dog trained for dog fighting; or
(5) Any dog not owned by a governmental or law enforcement
unit used primarily to guard public or private property
(b) Determination of a dangerous/vicious dog
(1) Upon a sworn complaint signed by a resident of the City, the
Richmond Police Department shall investigate the complaint to
determine if the animal is dangerous or vicious. The Richmond
Police Department may initiate an investigation on its own if it has
information leading it to believe that the dog may be dangerous or
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vicious. Any dog inflicting severe injury shall be impounded until a
hearing is held pursuant to this section.
(2) After its investigation, if the Richmond Police Department
believes that a dog is dangerous or vicious, the Department shall
forward a recommendation regarding such determination and if
any further action pursuant to subs (d) herein is required, to the
Board of Public Works and Safety. The Board shall thereafter hold
a hearing to (i) determine whether the dog is indeed dangerous or
vicious and (ii) to determine if any additional action pursuant to
subsection (d) of this section is required.
If the Richmond Police Department believes that a dog is not
dangerous or vicious, the victim of any dog attack occurring in the
City may nevertheless request that the Board of Public Works and
Safety hold a hearing on the matter, which Board shall determine if
a hearing should be held. All hearings held pursuant to this
section shall be held within twenty (20) calendar days after receipt
of said recommendation or request. The Richmond Police
Department may impound the dog until said hearing if the
department determines that impoundment of the dog is necessary
to protect the public safety. If the dog is determined to be
dangerous or vicious, all costs associated with the impoundment
of the dog shall be the responsibility of the animal's owner.
(3) The owner of the dog in question shall be notified prior to
the meeting at which the Board of Public Works and Safety
schedules said hearing, and must be notified in writing at least ten
(10) calendar days prior to said hearing date, unless they waive
this requirement in writing or on the record at a public meeting of
the Board. The owner shall have the opportunity to be
represented by counsel, and to present evidence, witnesses, and
other information to dispute the recommendation of the Richmond
Police Department and/or the complaining victim. The Richmond
Police Department and/or complaining victim shall have the
burden of proof in any hearing held pursuant to this section.
(4) The owner of any dog declared to be dangerous or vicious
shall have seven (7) calendar days to comply with the automatic
requirements outlined herein for dangerous or vicious dogs and
twenty (20) calendar days to comply with any other requirements
imposed by the Board of Works pursuant to subsection (d), during
which twenty (20) day period they may appeal such determination
and/or required action to the Wayne County Circuit of Superior
Court.
(c) Compliance requirements
An owner of a dog who has knowledge of the dog’s vicious or dangerous
characteristics or knowledge of the dog’s propensity for dangerousness or
viciousness, or an owner whose dog has been determined to be vicious or
Page 15 of 25
dangerous by a Court of competent jurisdiction or the Board of Public
Works and Safety shall comply with the following requirements:
(1) While on owner’s property, the dog must be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable
to prevent the entry of unauthorized persons and designed to prevent
the animal from escaping. The pen or structure must have minimum
dimension of five feet by ten feet (5’ x 10’) and must have secure
sides and top. If it has no bottom secured to the sides, the sides must
be embedded into the ground no less than two feet. The enclosure
must also provide protection from the elements for the dog.
(2) Confinement indoors, on a porch, patio or any part of a house
or structure that would allow the dog to exit the building is not
permitted.
(3) The dog may not go outside its kennel or pen unless the
dog is securely leashed with a leash not longer than four feet in
length. The dog may not be kept on a chain, rope, or other type of
leash outside its kennel or pen unless a person is in physical
control of the leash. A dangerous or vicious dog on a leash
outside the dog’s kennel shall be muzzled by a muzzling device
sufficient to prevent the dog from biting persons or other animals
(4) The owner shall display a sign on the premises warning
that there is a dangerous or vicious dog on the premises. The
sign must contain a symbol warning children, and must be capable
of being read from the public highway.
(5) The owner must comply with all laws concerning the care
of dogs.
(6) The owner must at all times have a collar upon the dog of a
color (yellow) designating the dog as dangerous or vicious.
(7) The owner must advise the Richmond Police Department
of any change of status of the dog within twenty-four (24) hours of
the change. Change of status shall include that which could affect
the public health or safety, including but not limited to, being loose,
unconfined, has attacked another animal or human, has died or
been sold, or given away. If the dog has been sold or given away,
the owner must give the Richmond Police Department, the name,
telephone number and address of the new owner, who in turn
must comply with this section.
(8) The owner shall maintain a policy of insurance in an
amount not less than $100,000.00, insuring the owner against any
claim, loss, damage or injury to persons, domestic animals, or
property resulting from the acts, whether intentional or
unintentional of the dangerous or vicious dog. The owner shall
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provide evidence of insurance to the Richmond Police Department
and the Board of Public Works and Safety.
(d) Additional Powers of Board
(1) In addition to any other fines imposed pursuant to this
chapter, and in addition to the above-listed compliance
requirements, the Board of Pubic Works and Safety or a Court of
competent jurisdiction may impose the following sanctions with
respect to a dog determined to be dangerous or vicious when it
determines those sanctions are necessary to protect the public’s
safety:
(A) Order the dog immediately impounded until the owner
meets the requirements of this section (including sterilization
or destruction). The owner shall be liable for the costs of
impoundment. The Court or Board of Public Works and Safety
may require that the animal not be released from
impoundment until the owner has paid the costs of
impoundment and any fines or fees assessed or incurred
under this chapter.
(B) Order the dog sterilized, except that no dog shall be
sterilized without the owner’s consent until the time during
which said order may be appealed has expired.
(C) Order the dog destroyed, except that no dog shall
be destroyed without the owner’s consent until the time
during which said order may be appealed has expired.
(2) In deciding whether to impound, sterilize or destroy a dog,
the Court or Board of Public Works and Safety shall make findings
of fact to support its determination that such sanctions are
necessary to protect the public safety. In ordering impoundment,
sterilization, or destruction, the Court or Board of Public Works
and Safety shall consider the following factors:
(A) The nature of any injury inflicted by the dog, and
whether the injury was inflicted on property or on a human
being.
(B) Prior acts of viciousness or dangerousness of a
dog, and the owner’s knowledge of the dangerous or
vicious characteristics of the dog and the dog’s propensity
toward dangerousness or viciousness.
(C) The likelihood that the owner will comply with the
requirements of this section.
Page 17 of 25
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
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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
Page 19 of 25
(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:
Page 20 of 25
(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.
Page 21 of 25
(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)
91.17 BREEDING REGULATIONS
(a) Breeder Notation: Breeder’s notation on the animal’s city tag shall be
obtained by any person who:
(1) Intentionally or accidentally causes the breeding of a
cat or dog;
(2) Makes a cat or dog available for breeding purposes;
(3) Offers a dog or a cat for sale;
(4) Sells, trades, or receives other compensation for a litter of
puppies or kittens (except in the event the litter is taken to the
Humane Shelter).
(b) Such person required to obtain a Breeder’s Notation shall:
(1) be in compliance with the City zoning laws;
(2) be limited to one (1) notation per female animal per year;
(3) be required to register with the City Clerk’s office the
name, address, and telephone number of each buyer or
new owner of any dog or cat sold or transferred within five
(5) days after the date of such sale or transfer;
(4) transmit to the new owner or buyer the litter number of the
animal acquired, and the breeder’s city tag number in order
that the new owner has assurance and proof that the
animal was legally bred (bred by a permitted breeder);
(5) immunize all cats and dogs offered for sale, trade or other
compensation or for free giveaway (except an animal taken
to the Humane Shelter) against common disease; in the
case of dogs, against canine distemper, adeno-virus
parainfluenza, parvovirus, coronavirus, and leptospirosis,
and in the case of cats, against feline rhinotracheitis, and
panleucopenia; and
Page 22 of 25
(6) not offer a puppy or kitten under the age of eight (8) weeks
for sale, trade, other compensation or for free giveaway
(except in the event the puppy, kitten or litter is taken to an
Animal Shelter or humane society). Any fees incurred by
City for animals taken to the Animal Shelter or humane
society will be charged to the pet owner for all animal(s)
taken.
(c) Such person required to obtain a Breeder’s Notation shall be required to
purchase Breeder’s Notation at the rate of $100.00 per litter, such funds to be
deposited into the Animal Control Fund set forth by 91.13 (Animal Control Fund).
(d) Such person required to obtain a Breeder’s Permit shall update any
change in the information, under which the breeder’s permit was issued. Such
person shall report the change to the City Clerk’s Office.
(e) Any such owner who fails to obtain a breeder’s permit and who
accidentally causes the animal to be bred shall immediately seek to obtain a
breeder’s permit or have the pet sterilized (immediately if male and within thirty
(30) days of weaning if female) and obtain a city registration tag showing proof of
sterilization. All other provisions herein shall apply and the accidental litter must
be cared for accordingly.
(f) If such person required to obtain a Breeder’s Permit shall be found in
violation of the breeding permit requirement, the person shall not be permitted to
advertise the litter for sale, nor shall the owner be permitted to obtain a
subsequent Breeding Permit for the particular female animal, in addition to the
penalty assessed in section 91.99.
(g) The Board of Public Works and Safety may bring any action permitted by
State law to enforce the breeding regulations including, but not limited to, an
action seeking an injunction.
91.18 FREE ROAMING CATS
(a) Care for unmanaged colonies prohibited.
It shall be unlawful for a person to provide food, water or shelter to a colony of
free-roaming cats, unless, the colony is a managed colony defined under this
ordinance.
(b) Managed Free-Roaming Cats.
(1) The animal control division or its designee, in order to
encourage the stabilization of the free-roaming cat population in
the city, may:
(A) Trap any free-roaming cat in a humane manner;
(B) Have the cat surgically sterilized, ear-tipped, and
vaccinated against rabies by a licensed veterinarian; and
Page 23 of 25
(C) Release the cat to the animal control division for
adoption or other disposition in accordance with law, or to
a colony caretaker who will maintain the cat as part of a
managed colony of free-roaming cats.
(2) The enforcement authority may impound free-roaming cats in
violation of this chapter. Any free-roaming cat impounded by the
enforcement authority that bears an appropriate ear-tipping
indicating it belongs to a managed colony may, at the discretion of
the animal control division, be returned to its managed colony
unless illness or injury presents an imminent danger to public
health or safety.
(c) Colony Caretaker responsibilities. It shall be a violation of this Chapter if the
Colony Caretaker does not abide by the following:
(1) Colony caretakers shall abide by all required standards for
each cat, according to this Chapter, as it relates to the provision of
food, water, shelter and veterinary care for cats within the
managed colony, etc;
(2) During the sterilization and immunization procedure, Colony
caretakers shall have a licensed veterinarian evaluate the health
of each cat prior to their release back into the colony. Seriously ill
or injured cats with no reasonable prognosis for recovery or the
ability to survive outdoors shall be humanely euthanized;
(3) Colony Caretakers are required to have proof of a three year
anti-rabies immunization from a licensed veterinarian for each cat
within their colony and must provide proof of immunization to the
animal control division, upon request;
(4) Should a cat within a managed colony become the subject of
a complaint to Animal Control, the caretaker will be notified by
Animal Control of the nature of the complaint. If the problem
cannot be remedied by the caretaker, Animal Control has the
authority to remove and/or relocate the cat; and
(5) Compliance with this section must occur within 90 days of
arrival of a free-roaming cat to the colony. Cats that have not
been ear-tipped shall remain subject to trapping and impoundment
by Animal Control. Cats which have been ear-tipped and are part
of a managed colony shall be permitted to remain within their
designated colony area unless illness or injury presents an
imminent danger to public health or safety.
91.97 ENFORCEMENT
Page 24 of 25
The provisions of this chapter shall be enforced by the Richmond Police Department, the
Animal Control Officer, duly authorized personnel of the humane society, or any other
person authorized by the Board of Public Works and Safety.
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 (Dangerous/Vicious 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
Page 25 of 25
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)
91.99 UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this Chapter
be properly declared unconstitutional or invalid for any reason, the remainder
of said Chapter shall not be affected thereby.
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.