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That Chapter 91 (Ordinance No. 1595-1956) be repealed in its entirety and that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).
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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.
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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.
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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
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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.
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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
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Seconded
Proof of Publication
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Have to 2nd reading
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Engrossment
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✓
Seconded -4-t�
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Susp. rules 3rtl Reading
Seconded
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Passage
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Rejection o
DATE PASSED: 3 (o
COMMITTEE ASSIGNMENTS:
Committee Date
Committee Hearing pate_,_
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS
COMMENTS: