HomeMy Public PortalAbout055-1987- AMENDING SEC 70.21 TO PROVIDE FOR VIOLATIONS OF INFRACTIONS RATHER THEN VIOLATIONS OF MISDEMEANORSAMENDED ORDINANCE NO, 54-1987
AN ORDINANCE RELATING TO CONTROL OF DANGEROUS/ VICIOUS DOGS
BE IT ORDAINED by the Common Council of the City of Richmond as follows:
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DEFINITION OF DANGEROUSNICIO DOGi
1. Any dog which 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 which according to the records of the appropriate authority, has inflicted
severe injury on a human being without provocation on public or private property;
or
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3. Any dog which, according to the records of the appropriate authority 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.
DETERMINATION OF DANGEROI ISMCIOUS DOG
Upon a sworn complaint signed by one or more residents of the Community made under
oath it will be the responsibility of the Richmond Police Department to investigate the
complaint to determine if in fact the animal is dangerous or vicious. A dog may be
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determined a dangerous or vicious in the following manner:
1. Upon a sworn complaint signed by a police officer or one or more residents of the
community, made under oath, and it will be the responsibility of the Richmond Police
Department to investigate the complaint to determine, if In fact, the animal is dangerous
or vicious.
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2. For a Police Officer to believe that a dog is dangerous or vicious, the Police Officer
shall complete a notice of dangerous or vicious dog and shall deliver or mail a copy of the
notice to the owner of the dog, along with a copy of the ordinance setting forth the
requirement for the owner to comply with in order to keep the dog. In the event the
owner of the dog wishes to appeal the determination that the dog is dangerous or vicious,
the owner shall within fifteen (15) days after date of notice of a dangerous or vicious dog
is given, file his appeal with the Board of Public Works and Safety, which shall then
consider at a hearing whether the dog is indeed dangerous or vicious.
LEASH AND MUZZLE:
No person owning, harboring or having the care of a dangerous or vicious dog may suffer
or permit such dog to go outside its kennel or pen unless the dog is securely leashed with
a leash no longer than four (4) feet in length. No person may permit a vicious dog to 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. The dog may not be leashed to inanimate objects such as
trees, posts and buildings. 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
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shown either in a sanctioned American Kennel Club Show or upon prior approval of the
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Health Department.
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PROHIBITED IN MULTIPLE DWELLINGS:
No dangerous or vicious dog may be kept within any portion of any multiple dwelling.
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ACTION TO BE TAKEN BY OWNER OF DAN GPRO SNICIO IS DOG (S)•
1. Must comply with all laws relative to keeping of any dog.
2. Must at all times have collar upon dog of a color (yellow) designating the dog as
dangerous or vicious.
3.Must within 24 hours, advise the Richmond Police Department of any change of status
of dog. Such change of status shall include that which could affect the public health or
safety. Such change of status shall include being loose, unconfined, has attacked
another animal or human, has died or been sold, or given away. If sold or given away,
the name, phone number and address of new owner must be given, who in turn must
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comply with this ordinance.
4. Dogs that have been declared dangerous shall immediately be kept in a humane way
that also protects the public, that shall include:
(a). While on owners property it must be securely confined indoors or in a
securely enclosed and locked pen or structure, suitable to prevent the entry of
young children and designed to prevent the animal from escaping. Such pen or
structure must have minimum dimensions of 5 feet by 10 feet and must have
secure sides and top. If it has no bottom secured to the sides, the sides must be
embedded into and ground no less than two (2) 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
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that would allow the dog to exit the building shall not be permitted.
(c). Shall display a sign on his or her premises warning there is a dangerous or
vicious dog on the premises. The sign reading "Dangerous Dog" and containing a
symbol warning children, must be capable of being read from the public highway.
(d). Shall maintain a policy of insurance in a amount not less that $50,000.00,
insuring said person against any claim, loss, damage or injury to persons,
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domestic animals or property resulting from the acts, whether intentional or
unintentional, of the dangerous or vicious dog. Such person shall produce such
evidence of insurance upon the request of a law enforcement agent.
PENALTIES FOR VIOLATION:
Any person violating any of the provisions of this ordinance may:
1. Have the dog immediately confiscated by the Richmond Police Department and
impounded. The owner shall be liable for cost of taken from pound subject to
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meeting the requirements of the ordinance and authorized by the Richmond Police
Department.
2. Shall be subject to fines after conviction of not less $100.00, nor more than
$2,000.00 each and every act of violation shall constitute a separate offense.
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3. The dog may be destroyed if the destruction of the animal is necessary to protect the
public safety, or if the dog has been involved in a serious injury or killing of a
human being.
4. The dog may be subject to court order sterilization.
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PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day
of %�� —� 0 11987.
P sident of Common Council
ATTEST: �24LL
City Clerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this // r11 day of
1987.
City CiA — ---
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APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this L
day of �o., e 0�, 1987.
Mayor
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ATTEST: t< �c I r�� �iI_dr�ec�✓_P .
City Clerl