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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.