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Home My Public Portal About063-1992- GENERAL ORDINANCE AMENDING SECTION 91.14 OF THE CODEORDINANCE NO. 63-1992 A GENERAL ORDINANCE AMENDING SECTION 91.17 OF THE RICHMOND CODE, COMMONLY REFERRED TO AS THE DANGEROUS OR VICIOUS DOG ORDINANCE WHEREAS Ordinance No. 11-1990 was enacted February 20, 1990, and became Section 91.17 of the Richmond Code, and WHEREAS it is desirable to remove the word "vicious" from the ordinance, provide an additional sanction for failure to comply with the Ordinance and provide for an appeal from the imposition of a sanction by the Board of Public Works & Safety, NOW, THEREFORE, be it ordained that Section 91.17 of the Richmond Code be amended to read as follows: 91.170 - Dangerous Dogs 91.171 - Definition of a Dangerous Dog �A) 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 (B) Any dog that has inflicted severe injury on a human being without provocation; or (C) Any dog that has killed a domestic animal without provocation; or (D) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or (E) Any dog now owned by a governmental or law enforcement unit used primarily to guard public or private property. 91.172 - Determination Of A D@pggrou5 Do (A) 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. The Richmond Police Department may initiate an investigation of its own if it has information leading it to believe that the dog may be dangerous. (B) After its investigation, if the Richmond Police Department determines that a dog is dangerous, the Richmond Police Department shall complete and deliver a Notice of Dangerous Dog to the owner of the dog, along with a copy of this ordinance. The Richmond Police Department may impound the dog if the department determines that impoundment of the dog is necessary to protect the public safety. (C) If the owner of the dog wishes to appeal the determination that the dog is dangerous, the owner shall file an appeal with the Board of Public Works and Safety within fifteen (15) Days after receipt of the notice. The Board of Public Works and Safety shall hold a hearing to determine whether the dog is indeed dangerous within twenty (20) days after receipt of the notice of appeal. (D) The Richmond Police Department may request a hearing before the Board of Public Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) Works and Safety on any matter contained in this ordinance. The Board of Public Works and Safety shall hold a hearing within (20) days after receipt of the request for hearing. 91,173 - Compliance Requirements An owner of a dog who has knowledge of the dog's dangerous characteristics, or knowledge of the dog's propensity for dangerousness or an owner whose dog has been determined to be dangerous by the Board of Public Works and Safety shall comply with the following requirements: (A) While on the owner's property, the dog must be securely confined indoors or in an 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 dimensions 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 then two feet. The enclosure must also provide protection from the elements for the dog. (B) 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. (C) The dog may not go outside its kennel or pen unless the dog is securely leashed with a lease not more 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 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. A dangerous dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club Show or upon prior approval of the Health Department. (D) The owner shall display a sign on the premises warning that there is a dangerous dog on the premises. The sign must contain a symbol warning children, and must be capable of being read from the public highway. (E) The owner must comply with all laws concerning the care of dogs. (F) The dog must at all times display a yellow collar designating the dog as dangerous. (G) The owner must advise the Richmond Police Department of any change of residence or 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, being unconfined, having attacked another animal or human and having died, 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 ordinance. (H) The owner shall maintain a policy of insurance in an amount not less than $50,000.00, 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 dog. The owner shall provide evidence of insurance to the Board of Public Works and Safety. Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) 91.174 - Penalties And Sanctions Far Violation (A) Any person violating the provisions of this ordinance shall be subject to fine after conviction by Wayne Superior Court III of not less than $100.00, nor more than $2,000.00. Each act of violation shall constitute a separate offense. (B) The Board of Public Works and Safety may impose the following sanctions when it determines those sanctions are necessary to protect the public's safety: 1. Order the dog impounded until the owner meets the requirements of the ordinance. The owner shall be liable for the costs of impoundment. The 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. 2. Order the dog sterilized. 3. Order the dog destroyed. 4. Terminate the owner's property rights in the dog and declare that the dog is the property of the Animal Shelter. (C) In imposing any of the above mentioned sanctions, the Board of Public Works & Safety shall make findings of fact to support its determination that such sanction is necessary to protect the public safety. In imposing any sanction, the Board of Public Works and Safety shall consider the following factors: 1. The nature of any injury inflicted by the dog, and whether the injury was inflicted on property or on a human being. 2. Prior acts of dangerousness of a dog, and the owner's knowledge of the dangerous characteristics of the dog and the dog's propensity toward dangerousness. 3. The likelihood that the owner will comply with the requirements of this ordinance. 91.175 - A eal Any sanction imposed by the Board of Public Works & Safety is subject to review by Wayne Superior Court III upon the filing of a verified petition setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. Passed and adopted this day of , 1992, by the Common Council of the City of Richmond, Indiana. ,President (Howard J. Elstro) ATTEST: , City Clerk (Norma Carnes) Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) PRESENTED to the Mayor of the City of Richmond, Indiana, this th day of , 1992, at 9:00 a.m. City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this day Of , 1992, at 9:05 a.m. /.—W—JAW (Norma Carnes) (Roger Cornett) City Clerk Mayor Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) DISPOSITION OF ORDINANCE NO. �—J -g9 RESOLUTION NO. by Common Council Ordinance No. �3 Resolution No. , Elstro Lundy Brookbank Donat McBride I Parker Dickman Alien Hutton DatelLil Susp. rules Ist read ✓ Title only __ - -----___-__ ----------------- ----- -----................ ------ ----- Seconded Proof of Publicaton ----- --------- Seconded Move to 2nd- read -- ----- ------------ -•--------- ---- ------ ----------- Seconded Engrossment ------------------------ Seconded Susp rules 3rd-read ----- ------------- ----------- ----------- ---- -------- Seconded i I Passage ------- I --- OR-1------- I ----------- I-- ----- }--------- I --- ----I ---------- I ------ i----------- Rejection ate Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)