HomeMy Public PortalAbout011-1990- ORDINANCE RELATING TO CONTROL OF DANGEROUS VICIOUS DOAMENDED ORDINANCE NO: it 1990
AN ORDINANCE RELATING TO CONTROL OF DANGEROUS/VICIOUS DOGS
BE IT ORDAINED by the Common Council of the City of Richmond as follows:
DEFINITION OF DANGEROUS/VICIOUS DOG:
A. Any doa that because of its individual temperament or
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 not owned by a governmental or law enforcement
unit used primarily to guard public or private property.
II. DETERMINATION OF A DANGEROUS/VICIOUS DOG:
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 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
vicious.
B. After its investigation, if the Richmond Police Department
determines that a dog is dangerous or vicious, the Richmond Police
Department shall complete and deliver a Notice of Dangerous or
Vicious 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 or vicious, the owner shall file his 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 or vicious 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 Works and Safety on any matter
contained in this ordinance. The Board of Public Works and Safety
shall hold a hearing within twenty (20) days after receipt of the
request for hearing.
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 dangerous by a Court of competent
jurisdiction or the Board of Public Works and Safety shall comply
with the following requirements:
A. 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.
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 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. A dangerous or
vicious 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 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.
E. The owner must comply with all laws concerning the care
of dogs.
F. The owner must at all times have collar, upon the dog of a
color (yellow) designating the dog as dangerous or vicious.
0. 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 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 or vicious dog. The owner shall
provide evidence of insurance to the Richmond Police Department
and the Board of Public Works and Safety.
IV. PENALTIES AND SANCTIONS FOR VIOLATION:
A. Any person violating the provisions of this ordinance shall
be subject to fines after conviction of not less than $1 00.00, nor
more than $2,000.00. Each act of violation shall constitute a
separate offense.
B. The Board of Pubic Works and Safety or a Court of
competent jurisdiction 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
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.
2. Order the dog sterilized.
3. Order the dog destroyed.
C. 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:
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 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.
3. The likelihood that the owner will comply
with the requirements of this ordinance.
V. Ordinance No. 54-1987 and Richmond City Code Sections 91.171 — 91.176
are hereby repealed. This ordinance shall be codified under Chapter 91.17 of the Richmond
City Code, and the City Clerk is directed to enter this ordinance accordingly into the City
Code.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana
thisAlDgay of ' 1990.
esiden mon Council
ATTEST:
City Cler
PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this a/day of
, 1990.
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this 21A,'6
day of ,� 1990.
J v
Mayor
ATTEST:
City CIA
+lgt222-Ieg0_Ieg0$
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. 11-1990-AN ORDINANCE RELATING TO CONTROL OF
DANGEROUS/VICIOUS. DOGS.[
BE IT ORDAINED by the Common Council of the City of Richmond as follows:[
1. DEFINITION OF DANGEROUSNICIOUS 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 not owned by a governmental or law enforcement unit used primarily to guard
public or private property.[
I I . DETERMINATION OF A DANGEROUSNICIOUS DOG:[
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 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 vicious. [
B. After its investigation, if the Richmond Police Department determines that a dog is dangerous
or vicious, the Richmond Police Department shall complete and deliver a Notice of Dangerous or
Vicious 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 or
vicious, the owner shall file his 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 or vicious 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 Works
and Safety on any matter contained in this ordinance. The Board of Public Works and Safety
shall hold a hearing within twenty (20) days after receipt of the request for hearing.[
Ill. 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 dangerous by a Court of competent jurisdiction or the Board of
Public Works and Safety shall comply with the following requirements:[
A. 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 (6 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. [
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 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. A dangerous or vicious 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 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.[
E. The owner must comply with all laws concerning the care of dogs.[
F. The owner must at all times have collar upon the dog of a color (yellow) designating the dog
as dangerous or vicious.[
G. 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 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 or
vicious dog. The owner shall provide evidence of insurance to the Richmond Police Department
and the Board of Public Works and Safety.[ .
IV. PENALTIES AND SANCTIONS FOR VIOLATION:[
A. Any person violating the provisions of this ordinance shall be subject to fines after
conviction of not less than $100.00, nor more than $2,000.00. Each act of violation shall
constitute a separate offense. [
B. The Board of Pubic Works and Safety or a Court of competent jurisdiction may impose the
following sanctions when it determines those sanctions are necessary to protect the public's
safety:[
1. Order the dog impounded until the owner meets the requirements of the ordinance. The
owner shall be liable for the costs of impoundment. The Court or Board of Public Works and
Safety may require that the animal not be released from impoundment until the owner has paid
the costs of impoundment.[
2. Order the dog sterilized.[
3. Order the dog destroyed.[
C. In deciding whether to impound, sterilize or destroy a dog, the Court or Board of Public
Works and Safety shall make findings of fact to support its determination that such sanctions
are necessary to protect the public safety. In ordering impoundment, sterilization, or
destruction, the Court or Board of Public Works and Safety shall consider the following
factors:[
1. The nature of any injury inflicted by the dog, and whether the injury was inflicted on
property or on a human being .[
2. Prior acts of viciousness or dangerousness of a dog, and the owner's knowledge of the
dangerous or vicious characteristics of the dog and the dog's propensity toward dangerousness or
Viciousness. [
3. The likelihood that the owner will comply with the requirements of this ordinance. [
V. Ordinance No. 54-1987 and Richmond City Code Sections 91.171 - 91.176 are hereby
repealed. This ordinance shall be codified under Chapter 91.17 of the Richmond City Code, and
the City Clerk is directed to enter this ordinance accordingly into the City Code.[
A copy of this Ordinance is on file in the office of the City Clerk of the City of Richmond,
Indiana, 50 North 5th Street, Richmond, Indiana. [
Mary Merchanthouse[
City Clerk[
Publish Date: February 26, 1990[==
+Igl27-Ie'gO,1'leg0$
NOTICE OF PUBLIC HEARING[
ON ORDINANCE NO.11-1990 [
Notice is hereby given that the Common Council of the City of Richmond, Wayne County,
Indiana will hold a public hearing on Monday, February 20, 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.11-1990-AN ORDINANCE RELATING TO CONTROL OF DANGEROUS/
VICIOUS DOGS[
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 Feb. 9, 1990[==
DISPOSITION OF ORDINANCE NO. // -199 0
RESOLUTION NO. -199
by Common Council
Drdinance No.//- 70
Resolution No. _
Elstro
Lundy
Hankinson
McBride
Parker
Hutton
Morris
Paust
Brookbank
Date—o?'_i 9
Susp. rules Ist read
Title only
- --- --------------------
Seconded
---- -
------------------
c�
Proof of Publicaton
Seconded
Move to 2nd read
------------------------
Seconded
Engrossment
Seconded
Susp rules 3rd read
--------------------
------
----------
--------
------
------
------
------
----------
-----
Seconded
Passage-
------
---0 R---------
----------
---------
------
------
--------------------------
Rejection o
Date Passed -� --? 0
COMMITTEE ASSIGNMENTS:
Committee C
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS:
COMMENTS:
Inv. 020990-3 30000334
Form,l'cescribed`by State Board of Accounts Gen—f Form No. 99 P{Rev. 1987) - ;
CityRit~tunond7C1aY„P!!Wk_................... To .................. .i ANAum Pu.Iishing Corporation,......... Dr.
(Governmental Unit) 1175 North A Street
Wayne County Indiana ..............Richmond, Indiana 4737A
PUBLISHER'S CLAIM
LINECOUNT
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 ofequivalentlines
Head � number of lines
Body number of lines
Tail — number of lines
Total number of lines in notice
COMPUTATION OF CHARGES
.......z2..... lines, ., DAe......... columns wide equals ..... 2.......... equivalent
lines at ......... 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
DATA FOR COMPUTING COST
Width of single column 8 ems
Number of insertions ....1..
Size of type 6 point
Size of quad upon which type is cast
$ .....4.64
....... I —,
$..... 4...64.....
.....
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 61egallj_ka,.ter a wing just cre ts, d at Ito part
of the same has been paid.
Date:..... Febr4arY..12.............. .19 94 Title ................. Cashier
PUBLISHER'S AFFIDAVIT
State of Indiana )
...... Wayne ...... County) ss
Personally appeared before me, a notary public in and for said county and state,
Rebekah Robbi11��S, Cashier
the undersigned ................... ........ I.... 43rio, being duly sworn, says thalf he is ...... I.........
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; ...... .............._....................
........... February ..9.,..199.0.............. ......................................... I..................
..................................._............................................. _.............................. _...
Subscri ed o to before me this . �;12 .... • •... day of .... February., 19 ... 9 0
>............................. ._..................... ........
`T rgini C. Coleman Notary Public
January 24, 1991
My commission exires .........I .................... .
Inv. 022690=1 30000334
Form Prescribed by State Board of Accounts General Form No: 99 P'(Rev. 1984
CX t y of R7,CI1Jt1Q11C1^Cit Clerk To Palladium Publishing Corporation,,,,,,,•„ Dr,
......................... I ........... . X................
(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
1
Head — number of lines ..............
I ........ .
J,i""
Body —number of lines '•'•'•....
Tail —number of lines ........................
Total number of lines in notice "-"""""2'6'2
•, -
COMPUTATION OF CHARGES
................... lines, ....O1e........ columns wide equals....2.6.2........ equivalent $.... 55_2.8........
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 $""55 2,8.......
DATA FOR COMPUTING COST
Width of single column 8 ems Size of type 6 point
Number of insertions .J ... Size of quad upon which type is cast _...
Pursuant to the procisions and penalties of Ch. 155, Acts 1953,
1 hereby certify that the foregoing account is just and correct, that the amount is egally due, fter llow' a st cre . s, an qq A,po part
of the same has been paid. �'� l/ Ip S /��1LG�//
Da
....... , 19 ..9.Q
a..•.y,:.��............—
... _.........Cashier............
PUBLISHER'S AFFIDAVIT
State of Indiana )
...... Wayne ...... County) ss
Personally appeared before me, a notary public in and for said county and state,
the undersigned Rebe.cah RObb1Y�o being duly sworn, says thatShe is ...Cashier
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... 1....time....., the dates of publication being as follows: .. .........................................
FebruarX...26.r...199Q...........,..............................._...............
................................. .......... •.................................. ....................
Subscribed an orn to before me this ........ 7. . •.•• day of -... A'.ehruary.. 199•0.
... .. ...........I .....
..
.../.................................
"Virgin' C. . Coleman Notary Public
My commission exires .... J aX1.l1arY . • z •�. r. a 9 �� • •
CITY OF RICHMOND, INDIANA
MEMO
DATE: FEBRUARY 2, 1990
TO: Members of Common Council
FROM: City Clerk
SUBJECT: Ordinance No. 11-1990
COPY TO: file
Ordinance No. 11-1990 is being presented to better define portions of the existing Dangerous/Vicious
Dog Ordinance and is the outcome of questions raised through appeals hearings held by the Board of
Works on Dangerous/Vicious Dog Determinations.