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HomeMy Public PortalAbout004-1990- ORDINANCE PROVIDING FOR THE HUMANE CARE OF ANIMALES AAMENDED ORDINANCE NO. 4-1990 AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE HUMANE CARE OF ANIMALS AND ADDING CHAPTER 91.18 TO THE RICHMOND CITY CODE. WHEREAS, I.C. 35-46-3-1 et seq. provides for certain safeguards regarding the humane treatment and care of animals; and, WHEREAS, the City of Richmond, Indiana desires to provide for the proper care to maintain the health and well being of animals within the City; and, WHEREAS, the proper care of animals promotes the elimination of illness and disease to further protect the citizens of the City of Richmond. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana as follows: SECTION 1. Definitions For purposes of this ordinance: A. "Animal" is defined as: A vertebrate animal not including any human being. B. "Owner" is defined as: Any 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 consecutive days or more. SECTION 2. Humane treatment of animals A. An owner of an animal: 1. Shall provide his or her animal with: (a) Wholesome, nutritious food and adequate water and fresh air compatible with that animal's biological requirements to maintain body weight, hydration and quality of life as deemed normal by community and USDA standards. (b) Shelter and protection from adverse weather (heat, cold, wind,rain/snow) of such design that the animal(s) can be completely dry and out of the wind, can heat the enclosed space with its own body heat, has adequate ventilation to provide fresh air. (c) Veterinary care when needed for an animal that is ill or injured. (d) Living space of such size and design that the animal(s) can move around and not be forced to sit, stand or lie in its own excrement or in mud or puddles. (e) If tied, the animal shall be restrained by a comfortable fitting buckle collar or harness. The tie shall be of such length as to allow the animal(s) access to its food, water and shelter, and ability to move around. 2. Shall not abandon or neglect his or her animal. B. Torture, mutilation, or killing an animal. 1. No person shall knowingly or intentionally; (a) Torture, beat or mutilate an animal resulting in serious injury to the animal, or (b) Kill an animal. 2. Defense. It is a defense to a violation of Section 2(B)(1) of this Ordinance that an accused person reasonably believed that the conduct or action in question was necessary to: (a) Prevent injury to the accused person or another person. (b) Protect the property of the accused person from destruction or substantial damage; or (c) Prevent a seriously injured or seriously ill animal from prolonged suffering. C. Destruction of an animal is authorized under this ordinance only if: 1. The animal is destroyed by a veterinarian or approved animal shelter under acceptable veterinary practices after it has been determined by the veterinarian or animal shelter that it is in the best interest of the animal that it should be destroyed. 2. The destruction is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department Agriculture under the Animal Welfare Act, or as conducted for the animal disease diagnostic laboratory established under I.C. 15-2.1-5-1, a research facility licensed by the United States Department of Agriculture, a College or University. SECTION 4. Enforcement. A. The provisions of this Ordinance shall be enforced by the Richmond Police Department or any other person(s) authorized by the Board of Public Works and Safety of the City of Richmond, Indiana. SECTION 5. Impoundment. A. A law enforcement officer or any other person authorized to enforce the provisions of this ordinance or to impound animals may take custody of the animal if he has probable cause to believe: 1. That there has been a violation of this Ordinance, and 2. That the animal is being exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial threat to the animal. B. The animal shall be properly cared for pending disposition of charges under this ordinance. C. 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 Section 5(a)(1) and (2), 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 ordinance. D. If a person is convicted of a provision under this ordinance, the Court or the Board of Public Works and Safety may impose the following additional penalties against the person: 1. 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. 2. An order terminating the persons' 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 finds 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. E. If a person's right to possession, title, custody or care of an animal is terminated under subsection (D) (2) 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. SECTION 6. Penalty. A. Any person violating any of the provisions of this ordinance shall pay a fine in the amount of $50.00 for each offense. Said fine shall be payable in the office of the City Clerk. Failure to remit said fine in the specified time period shall result in issuance of summons for said violation in the proper court of jurisdiction. SECTION 7. Exceptions from ordinance. A. Except as provided for in subsection B of this Section, this ordinance does not apply to the following: 1. Fishing, hunting, trapping or any other conduct authorized under I.C. 14-2. 2. Conduct regarding livestock authorized under I.C. 15-5-7. 3. Veterinary practice authorized by standards adopted under I.C. 15-5-1.8. 4. Acceptable farm management practices. 5. Conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act I.C. 16.6-5, and rules adopted under I.C. 16-6-5, for state or federally inspected livestock slaughtering facilities. 6. A research facility registered with the United States Department of Agriculture under the Animal Welfare Act. 7. Conduct which is otherwise authorized by a duly adopted ordinance of the City of Richmond or statute of the State of Indiana or the United States. SECTION 8. Unconstitutionality Clause A. Should any section, paragraph, sentence, clause or phrase of this ordinance be properly declared unconstitutional, or invalid for any reason the remainder of said ordinance shall not be affected thereby. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this o?O gday of 1990. President of Common Council ATTEST:iP/f Clfy Cler PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this day of ,-g,GG-- . . 1990. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of 1990 Mayor ATTEST: Cit Clerk +lgl222-IegO„IegO$ PUBLICATION OF NOTICE [ Public notice is hereby made by the City Clerk of the City of Richmond, Indiana, of the adoption and passage of Ordinance NO. 4-1990-AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE HUMANE CARE OF ANIMALS AND ADDING CHAPTER 91.18 TO THE RICHMOND CITY CODE.[ BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana as follows:[ SECTION 1. Definitions[ For purposes of this ordinance:[ A. "Animal' is defined as: A vertebrate animal not including any human being.[ B. "Owner" is defined as: Any 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 consecutive days or more.[ SECTION 2. Humane treatment of animals[ A. An owner of an animal:[ 1. Shall provide his or her animal with:[ (a) Wholesome, nutritious food and adequate water and fresh air compatible with that animal's biological requirements to maintain body weight, hydration and quality of life as deemed normal by community and USDA standards.[ (b) Shelter and protection from adverse weather (heat, cold, wind,rain/snow) of such design that the animal(s) can be completely dry and out of the wind, can heat the enclosed space with its own body heat, has adequate ventilation to provide fresh air.[ (c) Veterinary care when needed for an animal that is ill or injured.[ (d) Living space of such size and design that the animal(s) can move around and not be forced to sit, stand or lie in its own excrement or in mud or puddles.[ (e) If tied, the animal shall be restrained by a comfortable fitting buckle collar or harness. The tie shall be of such length as to allow the animal(s) access to its food, water and shelter, and ability to move around.[ 2. Shall not abandon or neglect his or her animal.[ B. Torture, mutilation, or killing an animal.[ 1. No person shall knowingly or intentionally:[ (a) Torture, beat or mutilate an animal resulting in serious injury to the animal, or[ (b) Kill an animal.[ 2. Defense. It is a defense to a violation of Section 2(B)(1) of this Ordinance that an accused person reasonably believed that the conduct or action in question was necessary to:[ (a) Prevent injury to the accused person or another person.[ (b) Protect the property of the accused person from destruction or substantial damage; or[ (c) Prevent a seriously injured or seriously ill animal from prolonged suffering.[ C. Destruction of an animal is authorized under this ordinance only if:[ 1. The animal is destroyed by a veterinarian or approved animal shelter under acceptable veterinary practices after it has been determined by the veterinarian or animal shelter that it is in the best interest of the animal that it should be destroyed.[ 2. The destruction is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department Agriculture under the Animal Welfare Act, or as conducted for the animal disease diagnostic laboratory established under I.C. 15-2.1-5-1, a research facility licensed by the United States Department of Agriculture, a College or University.[ SECTION 4. Enforcement.[ A. The provisions of this Ordinance shall be enforced by the Richmond Police Department or any other person(s) authorized by the Board of Public Works and Safety of the City of Richmond, Indiana.[ SECTION 5. Impoundment[ A. A law enforcement officer or any other person authorized to enforce the provisions of this ordinance or to impound animals may take custody of the animal if he has probable cause to believe:[ 1. That there has been a violation of this Ordinance, and[ 2. That the animal is being exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial threat to the animal.[ B. The animal shall be properly cared for pending disposition of charges under this ordinance.[ C. 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 Section 5(a)(1) and (2), the Board shall order the animal returned to its owner. j 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 ordinance. [ D. If a person is convicted of a provision under this ordinance, the Court or the Board of Public Works and Safety may impose the following additional penalties against the person:[ 1, 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.[ 2. An order terminating the persons' 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 finds 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.[ E. If a person's right to possession, title, custody or care of an animal is terminated under subsection (D) (2) 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.[ SECTION 6. Penalty.[ A. Any person violating any of the provisions of this ordinance shall pay a fine in the amount of $50.00 for each offense. Said fine shall be payable in the office of the City Clerk. Failure to remit said fine in the specified time period shall result in issuance violation in the proper court of jurisdiction.[ SECTION 7. Exceptions from ordinance.[ A. Except as provided for in subsection B of this Section, this ordinance does not apply to the following:[ 1. Fishing, hunting, trapping or any other conduct authorized under I.C. 14-2.[ 2. Conduct regarding livestock authorized under I.C. 15-5-7.[ 3. Veterinary practice authorized by standards adopted under I.C. 15-5-1.8.[ 4. Acceptable farm management practices.[ 5. Conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act I.C. 16-6-5, and rules adopted under I.C. 16-6-5, for state or federally inspected livestock slaughtering facilities.[ 6. A research facility registered with the United States Department of Agriculture under the Animal Welfare Act.[ 7. Conduct which is otherwise authorized by a duly adopted ordinance of the City of Richmond or statute of the State of Indiana or the United States.[ SECTION 8. Unconstitutionality Clause[ A. Should any section, paragraph, sentence, clause or phrase of this ordinance be properly declared unconstitutional, or invalid for any reason the remainder of said ordinance shall not be affected thereby.[ A copy of this Ordinance is on file in the office of the City Clerk of the City of Richmond, Indiana, 5o North 5th Street, Richmond, Indiana. [ Mary Merchanthouse[ City Clerk[ Publish Date: February 26, 19901== +Igl 117-IegO„IegO$ NOTICE OF PUBLIC }TEARING[ ON ORDINANCE NO.4-1990 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday, February 5, 1990 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE NO. 4-1990-AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE HUMANE CARE OF ANIMALS AND ADDING CHAPTER 91.18 TO THE RICHMOND CITY CODE.[ All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Mary Merchanthouse[ City Clerk[ Publish Date Jan. 22, 1990[== DISPOSITION OF ORDINANCE NO.. 7 -199 0 RESOLUTION NO. -199 by Common Council Jrdinanca No. q Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date / /la -90 Susp, rules Ist read Title only ------------------------ Seconded ----- --------- -------- ---- ----- ------ ----- .......... Proof of Publicaton c� ------------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Move to 2nd read Seconded Engrossment ..... ...............................................- Seconded ----- ------ ----- ---------- Susp rules 3rd read ......................... v ...... •-------- -------- ------ .... - ----- ---------- Seconded Passage Rejection Date Passed o2 -02.0 -90 COMMITTEE ASSIGNMENTS: Committee Da Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: Inv. 012290-1 30000334 Form Prescribed by State Board of Accounts _ General Form No, 99 P (Rev. 1967) city of Richmond -City Clark To .. Palladium Publishing Corporation,,;,,_,--- Dr, .............................................................................. (Governmental Unit) 1175 North A Street Wayne County Indiana _.......Richmond, Indiana 47374 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two.actual lines, neither of which shall total more than four: solid lines of the type in which the body of the advertisement is set) number of equivalent lines ........................ Head — number of lines .............. '......... Body — number of lines Tail — number of lines ............ • • •..• • •. •.. Total number of lines in notice 1 COMPUTATION OF CHARGES ........ 25...::.. One........ columns wide equals .��........`.i..• equivalent lines at ..._....24..... cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication ($1.00 for each proof in excess of two) TOTAL AMOUNT OF CLAIM $....5.28I'll .......... ........................ $ ....5.2 8........... DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions .. l ... Size of quad upon which type is cast ..... Pursuant to the precisions and penalties of Ch. 135, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount! is legally d , a er at wing just credit , and t t part of the same has been paid. January 24 90 ................Tit Date: ................... PUBLISHER'S AFFIDAVIT State of Indiana ) Wayne ...... County) Personally appeared before me, a notary public in and for said county and state, the undersigned � � r� .. RObbi%o, being duly sworn, says thatshe is .. 9!8;!4Er of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for... � ....time...... the dates of publication being as follows; ................._........................ ..........Januazl'.. 2.2...... i9:9 Q.............._............................................................ Subscrib n sworn to before me this ...........24h.... day of ..... ST112arj!„- Zg ,,,,90 �77 CJi�n.nan Notary Public January 24, 1991 My commission exires............. I..I................ .......... Inv. 022690-2 30000334 Form Prescribed by State Board of Accounts cl??l1Rnd-:C?r �y. Cle.:. _ ................... (%overnrnentalUnit) ......................................Wayne............... County, Indiana General Form No. 99 P (Rev. 1987) To ................... Palladium Publishing CorporatiI.on „_.... Dr. 1175 North A Street Richmond, Indiana 47374 ........................................................................................ PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual Iines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) ........................ number of equivalent lines 1 Head — number of fines • • • • • • • • •.. • •' •.. • •""' Body — number of lines • • •. • •2 4 4• • • •........ Tail —number of lines ......•••• ......•••• Total number of lines in notice 2 4 7 COMPUTATION OF CHARGES ........2.47..... lines, .......one..... columns wide equals ......2.4.7...... equivalent $.... 52.12........ lines at 2.11 .......... cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) ........................ Charge for extra proofs of publication ($1.00 for each proof in excess of two) ........... •............ TOTAL AMOUNT OF CLAIM $ ....5.2 _ 1-2. •..... DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions 1...... Size of quad upon which type is cast ..... Pursuant to the precisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount i legally due, ter Ilow' g all" t credit , and t a o part of the same has been paid. ......... Date: ...Xebxuary... 2.7............... . 19 ..90 Title ..................................... ..CaSllier............ PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss Personally appeared before me, a notary public in and for said county and state, the undersign p�b I ah I2obbiriy�ho, being duly sworn, says thaAe is .C4s4ier of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for .... I .... time ...... the dates of publication being as follows: ........................................... ...19.9Q...—I..................... ........................................... ........................................................................................................................... Subscribed an r to before me this .....2.7ah.......... day of •Eebrnary..... 19 ..9.0 .......__..I............Notary Public ..... C 6L ...... Virgin• C. Coleman My commission exires....... ti7.c1misaxY... 24.r.... 1,99•1