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HomeMy Public PortalAbout068-1985-REGULATING AND REGISTERING THE KEEPING OF DOGSAMENDED ORDINANCE NO. 68-1985 AN ORDINANCE REGULATING AND REGISTERING THE KEEPING OF DOGS: PROVIDING FOR THE TAKING UP AND IMPOUNDMENT OF DOGS AND OTHER ANIMALS: QUARANTINING AND ➢ESTRUCTION OF ANIMALS: AND PENALTIES FOR VIOLATIONS THEREOF NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana That Chapter 91 (Ordinance No. 1595-1956) be repealed in its entirety and that the following be enacted in its place: SECTION 1. DEFINITIONS - The following definitions shall apply in the interpretation and enforcement of this ordinance. A. ANIMAL CONTROL OFFICER - the person or persons employed by the City Police Department as its enforcement officer. B. ANIMAL SHELTER - any premises designated by action of the City for the purpose of impounding and caring for all animals found running at large in violation of this ordinance. C. AT LARGE -- a dog shall be deemed to be at large when it is off the property of its owner and not under restraint. D. CITY - the City of Richmond, State of Indiana E. DOMESTIC ANIMAL - means cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry or other bird, and any other animal deemed by the Health Officer, after consultation with the State Board of Health, as not being a wild animal. F. HEALTH OFFICER - the Health Officer of Wayne County,State of Indiana, or his duly authorized representative. G. OWNER - any person, group of persons,or corporation owning, keeping, or harboring a dog or dogs, or other animals. H. PERSON - any individual, partnership, firm, company, corporation or any other legal entity or their legal representative or agent. I. RESTRAINT - under the control of the owner or other competent person by means of a leash, or with the owner or other competent person and obedient to the person's commands or confined in a pen, yard, cage, house, vehicle or other secure enclosure. J. WILD ANIMAL - any animal that is not a domestic animal. SECTION II. REGISTRATION A. No person shall own, keep or harbor a dog within the City limits unless such dog is registered as herein provided. Application for such registration shall be made to the City Controller or his or her designee and shall state the name, address, and telephone number of the owner, and the name, breed, color, age and sex of the dog. The registration fee shall be paid at the time of making application, a numbered receipt given to applicant, and a numbered tag shall be issued to the owner. B. The yearly registration fee shall be two dollars C. All dog registrations shall be issued for one ( 1) year beginning with the first (1st) day of June. Applications for registration may be made prior to and for thirty (30) days after the start of the registration year without penalty, but when application is made after thirty (30) days of the registration year has elapsed, the applicant shall be assessed a penalty of fifty per cent (50%) of the registration fee which amount shall be added and collected with the regular registration fee. Dogs purchased after the thirty (30) day grace period shall not be assessed a penalty if registration is obtained within 30 days of purchase. New residents moving into the City shall not be assessed a penalty if registration is obtained within thirty (30) days of residency. D. In the event that the owner identification registration tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon the payment of two dollars ($2.00). E. If there is a change in ownership of a dog during the registration year, the new owner may have the current registration transferred to his name upon payment of a transfer fee of two dollars ($2.00). F. No person shall use for any dog a registration receipt, or registration tag, issued for another dog. G. The Animal Shelter and properly licensed pet shops are exempt from this section. SECTION III. OWNER IDENTIFICATION REGISTRATION TAG AND COLLAR A. Upon complying with the provision of Section II of this ordinance, there shall be issued to the owner a numbered owner a numbered registration tag, stamped with the number and the year for which issued. B. In addition, an owner shall also affix to the dog's collar an owner identification containing the name, address, and telephone number of the owner of the dog. C. Every owner is required to see that the tag is securely fastened to the dogs collar, which must be worn by the dog at all times. SECTION IV. RESTRAINT - The owner shall keep his dog under restraint at all times. SECTION V. IMPOUNDMENT A. Dogs found at large shall be apprehended by the Animal Control Officer and impounded in the Animal Shelter, and there confined in a humane manner for a period of not less than five (5) days, and may thereafter be disposed of in a humane manner if not claimed by their owners. Dogs not claimed by their owners before the expiration of five (5) days, shall become the property of the Animal Shelter and be disposed of at the discretion of the said authority, except as hereinafter provided in cases of certain dogs and other animals. B. When dogs are found at large, and their ownership is known to the Animal Control Officer, such dogs need not be impounded, but the Animal Control Officer may, at his discretion, cite the owners of such dogs to appear in court to answer to charges of violation of this ordinance. C. The Animal Control Officer shall keep accurate and complete records of all animals delivered to the Animal Shelter for impoundment. Such records shall include a description of the animal and any other information requested by the Health Office. D. Immediately upon impounding properly registered dogs, the Animal Shelter shall immediately make every possible effort to notify the owner of such dogs,and inform such owners of the conditions whereby they may regain custody of their dog. E. The Animal Control Officer, in an attempt to control the stray animal population within the City, may apprehend and impound any stray domestic animal. Such impoundment procedures shall be the same as those contained herein for dogs. A domestic animal shall be classified as a stray if it is at large, or not under restraint, and does not have some type of owner identification tag containing the owners name, address and telephone number (if available). - 2- SECTION VI. REDEMPTION OF IMPOUNDED ANIMALS A. The owner shall be entitled to obtain possession of any impounded dog, except as hereinafter provided in cases of certain dogs, by paying any tax or license and registration fees which may be due, by furnishing evidence that such dog has a current rabies vaccination certificate or certifying that they will have the dog immunized within five (5) days after obtaining possession, and by paying such impounding fees as fixed by the Richmond Board of Public Works and Safety and the Animal Shelter. B. Any other animal impounded under the provisions of this ordinance may be reclaimed by the owner upon the payment of the impounding fee. C. Any animal found at large that has bitten a person and has been impounded at the Animal Shelter may not be redeemed by its owner, unless such redemption is authorized by the Health Officer. D. When in the judgment of the Health Officer and/or the Animal Shelter or a veterinarian, an animal should be destroyed for human reasons, such animal may not be redeemed. SECTION vII - RABIES CONTROL A. No person shall own, keep, harbor or maintain a dog over six (6) months of age that has not been immunized, by a licensed veterinarian, against rabies. Such immunizations and term of quarantine shall be in accordance with State laws, rules and regulations- B. Every dog, or other animal, which bites a person shall be promptly reported to the Richmond Police Department, and shall thereupon be placed under quarantine by the Animal control Officer. If the person bitten is a child, it shall be the duty of the parent or the guardian to make such report immediately. If the person bitten is an adult, such person shall himself make the report, or, if incapacited, it shall be reported by whomever is caring for the person bitten. The Animal Control Officer shall promptly report all animal bite cases to the Health Officer. C. At the discretion of the Animal Control Officer and/or Health Officer, in cases where more than one ( 1) bite occurs by the same animal, such quarantine may be at the owners residence, or at the owners option and expense, at the Animal Shelter or in a veterinary hospital of his choice. In cases of stray animals, or in the cases of animals whose ownership is not known, such quarantine shall be at the Animal Shelter. Animals placed under quarantine shall not be released from such quarantine until the Health Officer receives a signed statement from the owner or custodian of the animal certifying that the animal is alive and well. D. The owner or custodian of an animal placed under quarantine shall not permit the animal to leave the premises without the permission of the Health Officer, shall keep the animal under restraint at all times, shall observe the animal at least twice daily to see that it is alive and well; and shall immediately notify the Health Officer or Police Department if the animal should escape, be killed, become ill or die. E. No person shall kill, or cause to be killed, any domestic animal suspected of having been exposed to rabies, or any domestic animal biting a person, or remove same from the City limits without written permission from the Health Officer. F. No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefore by the Health Officer or the Richmond Police Department. -3- G. If death should occur to an animal which has bitten a person within the past ten (10) days, the owner or person responsible for the animal shall retain the body of the animal and immediately report the death to the Health Officer or the Richmond Police Department. In the case of a biting animal which is not owned or a biting animal whose owner cannot be located or is unknown, the person who has knowledge of the death, of such an animal shall immediately report it to the Health Officer or the Richmond Police Department. Any wild animal that bites or scratches a human shall be killed at once, without unnecessary damage to the head, and reported immediately to the Health Officer or the Richmond Police Department. H. The Animal Shelter is exempt from this section. SECTION VIII - REPORTS OF BITE CASES A. It shall be the duty of every physician, or other practitioner, to promptly report to the Health Officer or Police Department the names and addresses of persons treated for bites inflicted by animals, together with such information as will be helpful in rabies control. B. Every veterinarian, law enforcement officer, and any person involved, shall promptly report to the Health Officer, or Police Department, all humans and animals bitten by a dog or other animal. The report shall include all information necessary to locate the person or animal bitten and the animal responsible for the bite or bites. SECTION IX. - STATE LAWS AND REGULATIONS A. The owner of any dog or other animal shall comply with all State laws, rules and regulations pertaining to dogs and other animals. SECTION X. - INVESTIGATION A. No person shall interfere with, or hinder the Health Officer or any member of the Richmond Police Department in the performance of their duty to enforce the provisions of this ordinance. SECTION XI. - RECORDS A. It shall be the duty of the Animal Shelter to keep, or cause to be kept,accurate and detailed records of the impoundment and disposition of all animals coming into its custody. Such records shall be made available to the City and/or Health Officer on request. B. It shall be the duty of the Health Officer and the Richmond Police Department to keep, or cause to be kept accurate and detailed records of all animal bite cases reported to it, and its investigation of same. SECTION XII. --ENFORCEMENT The provisions of this ordinance shall be enforced by the Richmond Police Department or any other person authorized by the Board of Public Works and Safety. SECTION XIII. - PENALTY Any person violating any of the provisions of this ordinance shall be deemed guilty of an infraction and shall be fined in the amount of Fifty Dollars ($50.00) for each offense. Said fine shall be payable in the office of the City Clerk. Failure to remit fine within ten (10) days shall result in issue of summons for said violation in the proper court of jurisdiction. SECTION XIV. - REPEAL OF PRIOR AND CONFLICTING ORDINANCES All other ordinance and parts of ordinances are hereby repealed insofar as they are in conflict herewith. SECTION XV. --UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional, or invalid for any reason, the remainder of said ordinance shall not be affected thereby. -4- ..................... PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana thi s 3�_day of %ten r 1986. President o Common Council ATTEST:_ City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this 2 day of 1986. City Clirk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this_Y2�-_day of %%2 / 1986. Mayor ATTEST: City Clerk INTER -OFFICE MEMO DATE: February 11, 1986 TO: Common Council. FROM: Kenneth E. Barden, City Attorney SUBJECT: ORD. NO. 68-1985 (ANIMAL CONTROL ORDINANCE) COPY TO: File Attached is the proposed ordinance with suggested amendments for your consideration. These were the result of the meeting of the Committee of the Whole. Thank you. KEB/bd WAYNE COUNTY HEALTH DEPARTMENT Wayne County Administration Building 401 East Main Street RICHMOND, INDIANA 47374 FRANCIS B. WARRICK, M.D. Health Officer INTER - OFFICE MEMO DATE: Februsry 12, 1986 TO: Kenneth E. Barden, City Attorney FROM: Ray H. Gauthier, Administrative Assistant SUBJECT: Proposed ordinance No. 68-1985. TELEPHONE: 966-7541 The point of view- brought up by Lynn iVepote. 'Morr7s was, Very, meaningful and well taken, and I' offer the following suggested change to Section VII - G of the proposed ordinance No. 68-1985, for consi'derati'on: REPLACE SECTION VII - G WITH THE FOLLOWING: If death should occur to an animal which has bitten a person within the past ten (10) days, the owner or person responsible for the animal shall retain the body of the animal and immediately report the death to the Health Officer or the Richmond Police Department. In the case of a biting animal which is unowned or a biting animal whose owner cannot be located or is unknown, the person who has knowledge of the death, of such an animal shall immediately report it to the Health Officer or the Richmond Police Department. Any wild animal that bites or scratches a human shall be killed at once, without unnecessary damage to the head, and reported immediately to the Health Officer or the Richmond Police Department. INTER -OFFICE MEMO /y Y URTE: July 12, 1985 TO: City Council FROM: Kenneth E. Barden, City Attorney SUBJECT: PROPOSED -ANIMAL ORDINANCE Copy TO: Pile; Wayne Co. Health Dept. attn: Ray Gauthier; Police Dept.; Dog Warden Attached you will find another proposed animal ordinance prepared, with comments, by the County Health Department. I believe it addresses the concerns raised by the prior proposal. Please review and comment. I will suggest thtt this be placed on the agenda for the September 2nd meeting of Council. Please note that Section 91.07 concerning barking dogs would be repealed as a violation of City ordinance; however, a resident can still pursue injunctive relief for barking dogs through a form of private nuisance legal action. Thank you. KEB/bd FRANCIS B. WARRICK, M.D. Health Officer WAYNE COUNTY HEALTH DEPARTMENT WAYNE COUNTY ADMINISTRATION BUILDING 401 EAST MAIN STREET RICHMOND, INDIANA 47374 INTER -DEPARTMENT MEMO TELEPHONE: 966-7541 Ext. 245 DATE: July 11, 1985 TO: KENNETH E. BARDEN, CITY ATTORNEY FROM: RAY H. GAUTHIER, ADMINISTRATIVE ASSISTANT, WAYNE COUNTY HEALTH DEPARTMENT SUBJECT: SUGGESTED REPLACEMENT ORDINANCE FOR CHAPTER 91: ANIMALS COPY TO: MAYOR; MEMBERS OF THE RICHMOND COMMON COUNCIL; POLICE CHIEF; ANIMAL CONTROL OFFICER; ANIMAL WELFARE LEAGUE, INC.; CAROLYN BLAKEY, D.V.M.; RICHARD SIEBERT, D.V.M. Now that the new proposed animal control ordinance has been strickened, I sincerely hope that a continued effort will be made to draft an acceptable ordinance to replace the existing Chapter 91: Animals. I am sure that anyone who thoroughly reviews this ordinance will agree that it is anti- quated. A brief review is enclosed with some comments and questions re- lated to the sections listed. The major objective of such.an ordinance should be the protection of the health and sefety of our citizens. This existing ordinance does not en- tirely address this issue, as there are no provisions that even authorize the "Dog Catcher" to confine or quarantine a dog (or other animal) that has bitten a person. This, of course, is a very important factor in rabies control. I am also enclosing a copy of a preliminary draft of a suggested replace- ment ordinance for review and comment, in hopes that eventually an adequate acceptable ordinance will be adapted. You will note that this suggested ordinance is predominately limited to the replace of the existing ordinance and therefore, is predominately limited to dogs and rabies control. Even though they may have some merit, no provisions have been incorporated for the. mandatory licensing or registration of other animals, prohibiting certain animals within the City, or nuisances created by animals. It appears that these issues merely cloud the major objective, and hinder the progress of obtaining an adequate replacement ordinance. Please note that the licensing -section in the.exi:sti.ng ordinance has been replaced with a "registration section", as the State already requires that dogs be licensed. This section requires that each dog wear an 'owners iden- tification tag" containing the owner's name, address and telephone number (,if available). I believe that this requirement would be of much greater value, to all. concerned, then to merely require a second license tag. As long as the existing Chapter 97: Animals remains in effect, there will always be doubts by those involved as to what they can do, can't do, should do, etc., to be i.n compliance with the ordinance. Therefore, I would appreciate if you, and those who receive copies, would review the enclosed material and forward to me any comments or questions that you may have con- cerning this suggested ordinance. We sincerely hope that an adequate acceptable ordinance can be submitted for official consideration in the future. .. ... l.1EVAIc-rnIIAITV UVAI Tu nr DIIDTMC7MT ? .. COMMENTS/QUESTIONS PERTAINING TO THE EXISTING CITY ORDINANCE - CHAPTER 91: ANIMALS 9l..01 DEFINITIONS "AT LARGE." Off the .premises of the owner and not under the control of the owner or a member of his immediate family either by leash, cord, chain, or otherwise. COMMENT - It appears that an:owner would be in violation of thisordinance if he permitted his neighbor friend, caretaker, etc., to care for his dog and take it out on a leash. Does this not seem to be very restrictive for no apparent reason? "DOG CATCHER". The person appointed by the Mayor as chief enforcement officer of t is chapter. The Dog Catcher shall also hold the position of Rabies Control Officer. He -shall be sworninas a special police officer and shalt have the power to arrest, and shall be responsible for the enforcement of this chapter. COMMENT - As time and conditions change, this may not be the most practi- cal and economical procedure. However, if this procedure is not presently being followed, it appears that the City is in violation of this ordinance. 91.06 DISPOSITION OF UNCLAIMED OR INFECTED DOGS (A) It shall be the duty of the Dog Catcher with the cooperation of the Police Department and employees of the Animal Shelter to keep all dogs so im- pounded, other than infected dogs, for a period of five days. If at the expira- tion of five days from date of taking the dog it shall not have been redeemed it shall be destroyed'or otherwise disposed of in accordance with the laws of the State of Indiana. COMMENT NO. 1 - The term "infected dogs" appears to be an ambiguous term as it is not defined. How would the Dog Catcher, Police Department and employees of the Animal Shelter make a determination as to whether a dog is infected or not? COMMENT NO. 2 - In the last.sentence it states in part: "in accordance with the laws of the State of Indiana: It is questioned as to whether there is a State law pertaining to this situation. If a State law does not exist, it appears that the Animal Shelter is required to destroy all non -infected dogs that have not been redeemed, and would be in violation of the ordinance 91.09 ANTI-RABIE VACCINATION OF DOGS No person shall keep, maintain, or harbor any dog within the City, unless the _2_ COMMENT - The County Health Department office is not open on weekends or holidays`..,Therefore, any of.the above would be in violation of the ordi- nance even though they were unable to contact the health department. Would it not be more appropriate to.have the reports made to the police department, which is available at all times; and so that the Dog Catcher could immediately investigate any serious cases? (B) The owner of a dog and every other person involved, shall report to the County Health Department every dog ill with rabies or suspected rabies. - 3- - 4 - PROPOSED AMENDMENTS TO AMENDED ORDINANCE 13-1985 [Replace paragraph 1 of Section 7 with this text.] That if any property owner violates the provisions of this ordinance, said property owner shall be notified in writing of such violation. The Director of the Department of Planning Permits and Inspections shall send a "Violation Notice" by certified mail or by delivery in person to the property owner found to be in violation of this ordinance and that said person shall have a maximum of 15 days to complete and return a form letter indicating agreement to "Correct the Violation within 30 Days" or to "Appeal the Violation". Upon receipt of a request for an appeal the director shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may appeal "The Violation", "The Compliance Requirements", or "The Completion ➢ate". Upon presentation of convincing evidence the Director or Appointed Board or Committee may negotiate an adjusted "Compliance Schedule" commensurate with the evidence presented and in keeping with the ordinance. Proof of Hardship: Upon proof of hardship a resident -owner may be granted a continuance and be excepted form fines for those violations requiring the expenditure of unavailable funds provided that said violations do not adversely effect the public health or safety. Failure to comply: In the event the owner failed to respond to any of the above procedures the owner would be found in violation of the ordinance and fined accordingly. [Change 2nd. line of Section 8] To control variances or relief etc. as , INTER -OFFICE MEMO DATE: December 3, 1985 TO: Common Council/Wayne Co. Health Dept. FROM: Kenneth E. Barden, City Attorney lfat SUBJECT: ORDINANCE 68-1985 (ANIMAL CONTROL) COPY TO: File Please schedule a Committee of the Whole meeting on the above ordinance in mid -January. Thank you. KEB/bd 1 �Q INTER --OFFICE MEMO ONE: August 27, 1985 TO: City Clerk;,,,Co.tanon Go inlcYl FROM: Kenneth E. Barden, City Attorney SUBJECT: ANIMAL CONTROL ORDINANCE COPY TO: File You can go ahead and put the new animal control ordinance on Council's next agenda with a recommendation to assign it to Committee of the Whole for a meeting in early to mid —December. Thank you. KEB/bd DISPOSITION OF ORDINANCE NO.&?-1985 RESOLUTION NO. -198 by Common Council ORDINANCE NO. p-- S RESOLUTIO N DATE 3 P��� TIAN HANKINSON WRITESELL PARKS 8001KE LENOIN MORR1 WILLIAMS Susp.ruies 1st read Title only ............................ Seconded Proof of Publication 5ecanded.............. .. ..., ..... .... .. .. ... .. ........ Have to 2nd reading .................................... Second .... . .... ..... .... .......... Engrossment UAC,, ............... ✓ Seconded -4-t� ........... ..... .... .......... v Susp. rules 3rtl Reading Seconded " " " " " " "' ' Passage .........OR........ 9 f/ ✓ c� C� e� v Rejection o DATE PASSED: 3 (o COMMITTEE ASSIGNMENTS: Committee Date Committee Hearing pate_,_ Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS COMMENTS: