HomeMy Public PortalAbout004-2009 - General Ordinance - amends Chapter 91 - AnimalsORDINANCE NO. 4-2009
A GENERAL ORDINANCE AMENDING CHAPTER 91: ANIMALS
OF THE CITY OF RICHMOND CODE
WHEREAS, Chapter 91 of the City of Richmond Code is entitled Animals; and
WHEREAS, Common Council recognizes its continuing obligation to enact and
update ordinances that promote public safety and welfare; and
WHEREAS, the existing ordinance codified in Chapter 91 of the Richmond
Municipal Code contains provisions regarding animals and animal
control, dating back to March 4, 1985; and
WHEREAS, it is important for the public safety and welfare to update and
modernize laws, rules, and regulations regarding animals and
animal control; and
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond
that:
Section 1: Replace Chapter 91 as follows:
CHAPTER 91: ANIMALS
SECTION
91.01
Definitions
91.02
Registration
91.03
Owner Identification Registration, Tag and Collar
91.04
Restraint and Quietude
91.05
Removal of Excrement
91.06
Impoundment
91.07
Redemption of Impounded Animals
91.08
Rabies Control
91.09
Reports of Bite Cases
91.10
State Laws and Regulations
91.11
Investigation
91.12
Records
91.13
Animal Control Fund
91.14
Kennels, Shelters and Pet Shops
91.15
Dangerous/Vicious Dogs
91.16
Humane Care of Animals
91.17
Trapping of Animals Prohibited
91.18
Breeding Regulations
91.19
Free Roaming Cats
91.97
Enforcement
91.98
Penalty
91.99
Unconstitutionality Clause
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91.01 DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this
Chapter.
(a) "ANIMAL" - A vertebrate animal not including any human being.
(b) "ANIMAL SERVICES OFFICER" or "ANIMAL CONTROL OFFICER"
— the person or persons employed by the City Police Department as its
enforcement officer or the humane society when its agents or employees
are duly authorized to carry out the Animal Services Officer's or Animal
Control Officer's duties set forth within this chapter.
(c) "ANIMAL SHELTER" - any premises designated by action of the City
or any facility operated by a humane society, or its authorized agents,
for the purpose of impounding and caring for all animals found running at
large in violation of this or.dinanno held under this chapter or held under
state law.
(d) "AT LARGE" - an animal shall be deemed to be "at large" when it is off
the property of its owner and not under restraint as defined in subsection (r)
of this section.
(e) "CITY" - the City of Richmond, State of Indiana
(f) "COLONY"- means a group of one or more free -roaming cats.
(g) "COLONY CARETAKER"- means a person who provides food, water,
shelter and necessary medical care for free -roaming cats in a managed
colony. Colony caretakers shall not be deemed to be owners, as defined
by Chapter 91.01, of the cats within a managed colony.
(h) "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.
(i) "FREE ROAMING CAT"- means any homeless, stray, feral, or
untamed cat.
0) "HEALTH OFFICER" - the Health Officer of Wayne County, State of
Indiana, or his duly authorized representative.
(k) "HOARDING" — any action or condition in which a person keeps,
harbors, or homes animals at their home or place of residence in a
manner that creates health or safety concerns for any person or animal
residing in that same residence or which may create a nuisance in the
form of excessive barking or excessive odors emanating from the
residence.
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(1) "HUMANE SOCIETY" — an organization that holds the status of
an Internal Revenue Service 501(c)(3) non-profit organization, is
affiliated with the National Humane Society, and has as its principal
purpose the humane treatment of animals.
(m) "KENNEL" — Any premises or portions thereof on which more than five
(5) dogs, cats, or other domestic animals over four (4) months of age are
kept, or on which more than three (3) such animals are maintained, boarded,
bred, or cared for, in return for remuneration, or are kept for the purpose of
sale. The term "kennel" does not include any outdoor location that is
deemed by Animal Control to be a location inhabited by a registered
managed colony.
(n) "MANAGED COLONY" - means a colony of free -roaming cats that is
registered with the Animal Control Officer of the Richmond Police
Department or its designee and is maintained by a colony caretaker using
Trap -Neuter -Return methodology.
(o) "OWNER" - a person, partnership, or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored if
it is fed or sheltered for three (3) consecutive days or more.
(p) "PET SHOP" - Any establishment or location used for the purpose of
selling small animals, including aviaries used to raise birds.
(q) "PERSON" - Any individual, partnership, co -partnership, firm,
company, corporation or any other legal entity or its legal representative or
agent.
(r) "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,
or other secure enclosure.
(s) "SMALL ANIMALS" - Any dogs, cats, fowl, rats, mice, fish, turtles,
chickens, ducks, rabbits, pigeons, reptiles, hamsters, gerbils, or any other
small animals or birds.
(t) "TETHERING"- means to attach an animal to a stationary object
such as a fence, pole, dog house, building, tree or other fixed object as
a means of confinement.
(u) "WILD ANIMALS" - any animal that is not a domestic animal.
91.02 REGISTRATION
(a) No person shall own, keep or harbor a dog or cat within the City limits
unless such dog or cat is registered as herein provided. Application for such
registration shall be made to any of the following: City Controller,
veterinarians registered for this purpose with the City Controller, any
premises designated by action of the City for the purpose of impounding and
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caring for animals found at large held under this chapter or state law, the
humane society, any humane society registered for this purpose with
the City Controller, and pet shops registered for this purpose with the City
Controller. Such application shall state the name, address, and telephone
number of the owner and the name, breed, color, age, sex and reproductive
status of the dog or cat. The registration fee shall be paid at the time of
making application, a numbered receipt given to the applicant, and a
numbered tag shall be issued to the owner.
(b) Any humane society as defined under this Chapter which is
registered with the City Controller to accept applications for
registrations are required to submit to the Controllers office on a
monthly basis a report setting forth the information required under
91.02(a) along with the tag and registration numbers assigned to each
applicant. The humane society shall keep a percentage of any proceeds
collected as reflected in Section 91.13 to assist the humane society with
any administrative costs and costs associated with its sterilization
program.
(c) The yearly registration fee shall be $40-.00-fifteen dollars ($15.00),
unless a certificate by a veterinarian stating the dog or cat is sterilized
neutered is furnished to the person issuing the license tag, in which case the
fee shall be eight dollars ($8.00).$4-99.
(d) All dog and cat registrations shall be issued for one (1) calendar year
beginning with the first (1st) day of January. All residents who acquire new
dogs or cats during the calendar year shall register said dogs or cats within
thirty (30) days of their acquisition. All new residents moving into the City with
dogs or cats shall register said dogs or cats within thirty (30) days of residency
Registrations obtained on or after July 1st of each calendar year shall pay one-
half (%2) of the yearly registration fee; such registrations must then be renewed
each January at the regular yearly fee.
(e) In the event that the owner identification registration tag issued for a
dog or cat shall be lost, the owner may obtain a duplicate tag upon the
payment of two dollars ($2.00).
(f) If there is a change in ownership of a dog or cat 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).
(g) No person shall use for any dog or cat a registration receipt, or
registration tag, issued for another dog or cat.
(h) Any premises designated by action of the City for the purpose of
impounding and caring for animals found at large in violation of this chapter
and properly licensed pet shops are exempt from the registration
requirements of this section.
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91.03 OWNER IDENTIFICATION REGISTRATION TAG AND COLLAR
(a) Upon complying with the provision of Section 91.02, there shall be
issued to the 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 or cat's collar an
owner identification containing the name, address, and telephone number of
the owner of the dog or cat.
(c) Every owner is required to see that the tag is securely fastened to the
dog's or cat's collar, which must be worn by the dog or cat at all times.
91.04 RESTRAINT AND QUIETUDE
(a) Dogs shall be kept under restraint, as defined in this Chapter at all
times. At the discretion of the Animal Services Officer or an Officer of the
Richmond Police Department, an unrestrained cat which is creating a
nuisance on private property may be included under this section, following
prior notice to the owner.
(b) The owner shall not allow his or her dog to disturb the peace and quiet
of any person within the city by barking, howling or making noise of any kind
for prolonged periods of time, especially during night time hours, either
continuously for 15 minutes or intermittently over a period of at least
two (2) hours so as to disturb the quiet of the neighborhood or any
citizen or citizens. An Animal Control Officer may take steps
immediately to correct the situation and cause the noise to be abated,
either through the issuance of a citation or impounding of the animal if
no owner or agent can be found at the time of the disturbance. It is
understood this subsection shall apply to a sheltering facility maintained on a
not -for -profit basis for homeless and unrestrained dogs; provided, a more
liberal standard shall be used regarding any violation of this subsection
recognizing the special needs of such a shelter.
(c) Upon complaint and execution by any citizen of a sworn affidavit
that said affiant has actual knowledge or proof that 91.04(b) has been
violated, the City may issue a citation.
(c) An owner of an animal found running at large or found to be
responsible for a human or animal bite shall be required to:
(1) Obtain a city registration tag that includes an intact animal
notation for each animal in violation at a cost of one
hundred dollars ($100.00) in addition to the cost of any
required City tag; or
(2) Have the animal spayed or neutered within thirty (30) days
of the violation and obtain a City registration tag showing
proof of the sterilization of the animal in violation.
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(d) After the third violation of subsection (a) above where an animal is
found to have been running at large the owner of the animal shall be required to
release custody of the animal to an Animal Control Officer (unless that animal has
already been captured by the Animal Control Officer) so that the Officer may
conduct a temperament evaluation upon the animal. If the Animal Control Officer
determines the animal is dangerous or vicious, the Officer shall then comply with
91.15 (DangerousNicious Dogs) to allow a public hearing to be held on the matter.
91.05 REMOVAL OF EXCREMENT
(a) An owner of an animal shall be responsible to immediately remove such
animal's excrement from any public lands or from the real estate of any other person.
(b) In the event any person, guest, or agent of an owner is in possession of the
animal in lieu of the owner, the owner shall still be responsible for the actions of such
person and the requirements of this section.
(c) To the extent a "family" is deemed to be an owner of an animal, the duties
and requirements of this section shall be the joint and several responsibility of each adult
member of the family, and each such adult may be held jointly and severally responsible
for any penalty herein. )
(d) The provisions of this section shall not apply to a blind person working with a
guide dog or to a handicapped person utilizing a wheelchair.
91.06 IMPOUNDMENT
(a) Dogs Animals found at large and appearing to be abandoned shall be
apprehended by the Animal Services Officer and impounded in an
animal shelter or humane society for a period of not less than five (5)
days (provided such five days must include at least one full weekend),
and thereafter such animals may be adopted out or disposed of in a
humane manner, unless that animal has been placed on hold
status by an Animal Control Officer. The Animal Services Officer
shall attempt to contact the owner of any tagged animal by telephone
within 48 hours of picking up such animal if the telephone number
appears on the tag. The animal shelter or humane society holding
any impounded animal that has not been placed on hold status by
an Animal Control Officer shall attempt to contact the owner of any
tagged animal by telephone a minimum of three times prior to
adopting out or humanely disposing of the animal if the animal
displays current city registration tags or other identification.
(b) When an animal is found at large and its ownership is known to the
Animal Services Officer, such an animal does not have to be
impounded. The Animal Services Officer may cite the owner for
violation of the Richmond Code and return the animal to the owner.
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91.07 REDEMPTION OF IMPOUNDED ANIMALS
(a) An impounded animal shall be returned to its owner upon written
certification of intent to comply with Sections 91.02 and 91.08 of this Chapter
and upon payment of all fines and fees assessed or incurred under this
chapter and charges for care and medical treatment incurred by the animal
shelter or humane society in holding such animal provided that any animal
that has bitten a person may not be returned to its owner unless authorized
by the Health Officer and/or Animal Services Officer. Prior to any non -
immunized animal being returned to its owner, the owner shall pay the cost of
immunization and an administrative fee to the animal shelter or humane
society. The owner will then receive a certificate, which certificate shall
entitle the owner to have the animal immunized at the veterinarian's office,
low-cost sterilization clinic, or humane society indicated on the certificate.
(b) Not withstanding any other section of this Chapter, any animal shall
be promptly destroyed for public health considerations or humane reasons
upon the written order of the Health Officer or a licensed veterinarian by the
animal shelter or humane society holding such animal.
(c) In the event any owner fails or refuses to comply with 91.07(a)
above after fourteen (14) days the impounded animal shall be sent to the
humane society for immunization, sterilization, and adoption.
91.08 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 or domesticated
animal shall be promptly reported to the Richmond Police Department, and
shall thereupon be placed under quarantine by the Animal Services Officer at
a location to be determined at the discretion of the Animal Services Officer. In
cases of stray animals, in the cases of animals whose ownership is not
known, and in the cases of animals for which proof of immunization is not
available, such quarantine shall be at the Animal Shelter or humane society.
If a domesticated animal is bitten by another animal, an Animal Control
Officer may request that the domesticated animal be placed under
quarantine by its owner for ten (10) calendar days at a quarantine
location to be determined by the Officer. 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. 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
incapacitated, it shall be reported by whoever is caring for the person bitten.
The Animal Services Officer shall promptly report all animal bite cases to the
Health Officer.
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(c) 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.
(d) 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 or Animal Services Officer.
(e) 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.
(f) 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 `mild animal that bites OF cnra+nhes a human shall he killer!
to the Health Officer or the Rinhmend DnliGe Depa men+ Any wild animal
that bites a human and is able to be captured shall be humanely
euthanized at once.
(g) The Animal Shelter is exempt from this section.
(h) The State statutes and State regulations governing rabies,
immunization, impoundment and disposal of suspected rabid animals is hereby
incorporated by reference, including any subsequent changes as enacted by
the State Legislature and/or the State Board of Health and any other
appropriate State or Federal Agencies. The Wayne County Health officer and
his/her designated agents and the Richmond Police Department and any other
person or persons as authorized by the Richmond Board of Public Works and
Safety are hereby authorized to carry out the provisions of any city regulations,
state laws and federal laws or regulations governing rabies control, the
impoundment of animals and the disposal of suspected rabid animals.
91.09 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
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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.
91.10 STATE LAWS AND REGULATIONS
The owner of any dog or other animal shall comply with all State laws, rules and
regulations pertaining to dogs and other animals.
91.11 INVESTIGATION
No person shall interfere with, or hinder the Health Officer or any member of the
Richmond Police Department or humane society in the performance of their duty to
enforce the provisions of this chapter.
91.12 RECORDS
(a) It shall be the duty of the any Animal Shelter or humane society 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.
91.13 ANIMAL CONTROL FUND
(a) Establishment of Fund
There is established an animal control fund, which is established as a non -
reverting fund for the animal control program of the City. Common Council
shall review on an annual basis or as necessary any percentages of
amounts to be retained by agents registered with the Controller's office
under 91.02 for yearly tags and registration.
(b) Sources
Sources of revenue for the animal control fund shall be
(1) Funds received by the Clerk's office from the yearly
registration fees of dogs and cats;
(2) Forty (40%) percent of registration funds received from
each premises registered with the City Controller under
91.02 to accept applications for yearly registration fees of
dogs and cats;
(3) Donations received from outside sources; and
(4) Specific appropriations by the City.
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(c) Purpose
The purposes for which funds may be expended are limited to:
(1) Funding of the salary of the Animal Services Officer;
(2) Purchase of materials, supplies, and services for the use and
benefit of the City animal control program or humane society;
(3) Funding of the animal shelter contract or the humane society
contract;
(4) Donations to animal shelters or humane societies located
within the City of Richmond; and
(5) The Richmond Police Department Emergency Animal Fund.
(d) Disbursement Procedures
The City Controller's Office shall adopt accounting and disbursement
procedures in accordance with regulations and guidelines of the State Board
of Accounts to control and account for the receipt and disbursement of
monies from this fund.
(e) Application of Funds
Monies obtained from the Clerk's office for purchase of breeder's
notations, intact notations and any fines that result from 91.18 shall be
placed into a separate account within the animal control fund and
applied specifically to sterilization procedures performed at a low-cost
spay/neuter clinic, licensed veterinary clinic, or a humane society.
91.14 KENNELS, SHELTERS AND PET SHOPS
(a) Licensing
(1) No person shall operate a kennel or pet shop within the city
limits of Richmond, Indiana, without first securing a license therefore.
Application for such license shall be made to the Animal Services
Officer or humane society. No license shall be issued until approval
is granted by the Animal Services Officer and any other government
agency having jurisdiction.
(2) A kennel or pet shop license shall be issued on an annual
basis. The fee for such license shall be $100.00 per year, payable
into the Animal Control Fund.
(3) If the applicant withholds or falsifies any information on the
application, no license shall be issued and any license previously
issued on false or withheld information shall be revoked. No person
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previously convicted of cruelty to animals, animal neglect or animal
abandonment shall be issued a kennel license without prior review
by the Board of Public Works and Safety.
(4) Any person who is denied a license or whose license is
revoked may seek reconsideration of the denial or revocation by the
Board of Public Works and Safety. All requests for appeals must be
filed within ten (10) days of the date of the denial or revocation of the
license. All requests for appeals must be in writing and addressed
to the Board of Public Works and Safety. The Board shall set the
appeal for hearing within thirty (30) days of the receipt of the written
request.
(b) General requirements
(1) Each kennel armor pet shop shall be kept in a clean and
sanitary condition as so determined by the Animal Services Officer.
(2) Measures shall be provided to control insects, rodents, and
odors.
(3) All animal waste shall be disposed of at such times and in such
a manner as directed by the Animal Services Officer. Under no
circumstances shall animal waste remain on the premises for more
than twenty-four (24) hours unless stored by a method approved by
the Animal Services Officer.
(4) All garbage and refuse shall be stored in accordance with
Chapter 93 of the Richmond City Code.
(5) The entire premises used in connection with the operation of a
pet shop or kennel shall be kept free of litter, articles, equipment, etc.,
that are not necessary for the operation and maintenance of same.
(6) (A) No kennel or pet shop shall harbor a dog, cat, or other
susceptible animal over eight (8) -six (6) weeks of age that has
not been properly vaccinated against contagious diseases.
The timing and diseases vaccinated against must meet
generally accepted standards observed by area veterinarians.
(B) Dogs, cats and other susceptible animals shall be
vaccinated against rabies if on the premises after six (6)
months of age.
(C) Certificates of vaccination from a licensed veterinarian
shall be maintained on the premises and shall be made
available to the Animal Services Officer upon request.
(7) All cages and pens housing animals shall be well constructed
and cleaned daily with a detergent and chemical sanitizer which are
safe for the animals housed in and near the cage.
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(8) Any animal that acts unusual or appears to be ill shall be
isolated from other animals and shall not be sold until it has recovered
as authorized by a licensed veterinarian. Medical care shall be
provided by a licensed veterinarian to animals displaying signs
of illness or injury.
(9) Each kennel and or pet shop shall be equipped with a
conveniently located hand washing facility for its employees, including
a lavatory equipped with hot and cold running water, hand -cleaning
soap or detergent, and individual sanitary towels or other hand -drying
devices deemed by the Animal Services Officer to be equally
effective.
(10) The floor surfaces in all rooms where animals are housed shall
be of smooth, nonabsorbent materials, and so constructed as to be
easily cleanable.
(11) Records of previous ownership of animals shall be maintained
on the premises and shall be made available to the Animal Services
Officer or law enforcement agencies upon request.
(12) Drinking water shall be available to each animal at all times.
(13) All animals shall be provided with a daily well balanced diet.
The Animal Services Officer may require that records be kept of the
type and amount of food that is provided each animal daily.
(14) Pens, cages, and areas where animals are housed shall be
maintained at a temperature that will not be detrimental to the health
of the animals.
(15) The owner of eaEh a pet shop and or kennel shall comply with
all applicable local, state and federal laws, ordinances, rules and
regulations in effect now or as amended, or which may be enacted in
the future.
(16) The Animal Services Officer shall inspect to make certain that
all caged animals have sufficient cage space to stand upright, to fully
extend, and to move about easily within the boundaries of the cage.
In addition, the Animal Services Officer shall inspect to insure that
animals are not overcrowded within a cage.
(17) In order to be eligible to obtain a license, a kennel or pet shop
must be in compliance with the City zoning laws.
(18) City shelters and humane societies are required to provide
the name and address of any owner reclaiming an animal from their
facility that has been caught running loose, as well as the
description of the animal to Animal Control. Animal Control is
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responsible for making certain that the owner is in compliance with
the provisions of this chapter.
(19) City shelters and establishments selling pet animals are
required to provide the name and address of any owner selling or
surrendering puppies or kittens to their facility to Animal Control.
Animal Control is responsible for making certain the owner of the
female animal that gave birth to the litter reported is in compliance
with the provisions of this chapter.
(20) Animals without identification that are not reclaimed within
seventy-two (72) hours are subject to sterilization at the holding
facility. Owners wishing to reclaim following sterilization shall be
required to pay for the cost of sterilization in addition to any
impound fees incurred.
(21) Animals that are owned by persons living outside of the city
or residing in city for less than thirty (30) days are exempt from this
chapter. Such owners are required to provide proof of residency
upon the request of animal control. Failure to provide adequate
proof of residency shall result in the owner's requirement to submit
to the applicable provisions of this chapter.
(d) (c) Records
It shall be the duty of every pet shop operator to cause to be kept accurate
and detailed records of all animals received and sold.
(1) Records shall include the name, address and telephone
number of each person from whom an animal had been received and
each person who has purchased an animal; a description (species,
breed, sex, size, color, etc.) and medical history of each animal, and
any other information that may be required by the Animal Services
Officer.
(2) Records shall be maintained on the premises for one (1) year
and shall be made available to the Animal Services Officer upon
request.
(3) Sales of fish are exempt from the record keeping provision of
this section.
(e) (d) Inspection
(1) At least once every twelve (12) months, or as often as deemed
necessary to ensure compliance, with this ordinance, the Animal
Services Officer shall inspect each kennel and pet shop for which a
license is required under the provisions of this section.
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(2) The person operating a kennel or pet shop shall, upon the
request of the Health Officer, permit such Animal Services Officer
access to all parts of the kennel or pet shop and shall permit the
Animal Services Officer to collect evidence and to copy any or all
records relative to the enforcement of this section.
(f) (e) Exemptions
Hospitals, common clinics, and other premises operated by licensed
veterinarians for the care and treatment of animals and charitable not -for
profit organizations are exempt from the provisions of this section except
those provisions in 91.14 (b), paragraphs (1), (2), (3), (4), (5), (7), (8), (9),
(10), (12), (13), (14) and (15).
91.15 DANGEROUS/VICIOUS DOGS
(a) The Definition of a "dangerous/vicious dog" shall include the
following:
(1) 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
(2) Any dog that has inflicted severe injury on a human being
without provocation; or
(3) Any dog that 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
(b) Determination of a dangerous/vicious dog
(1) 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. Any dog inflicting severe injury shall be impounded until a
hearing is held pursuant to this section.
(2) After its investigation, if the Richmond Police Department
believes that a dog is dangerous or vicious, the Department shall
forward a recommendation regarding such determination and if
any further action pursuant to subs (d) herein is required, to the
Page 14 of 27
Board of Public Works and Safety. The Board shall thereafter hold
a hearing to (i) determine whether the dog is indeed dangerous or
vicious and (ii) to determine if any additional action pursuant to
subsection (d) of this section is required.
If the Richmond Police Department believes that a dog is not
dangerous or vicious, the victim of any dog attack occurring in the
City may nevertheless request that the Board of Public Works and
Safety hold a hearing on the matter, which Board shall determine if
a hearing should be held. All hearings held pursuant to this
section shall be held within twenty (20) calendar days after receipt
of said recommendation or request. The Richmond Police
Department may impound the dog until said hearing if the
department determines that impoundment of the dog is necessary
to protect the public safety. If the dog is determined to be
dangerous or vicious, all costs associated with the impoundment
of the dog shall be the responsibility of the animal's owner.
(3) The owner of the dog in question shall be notified prior to
the meeting at which the Board of Public Works and Safety
schedules said hearing, and must be notified in writing at least ten
(10) calendar days prior to said hearing date, unless they waive
this requirement in writing or on the record at a public meeting of
the Board. The owner shall have the opportunity to be
represented by counsel, and to present evidence, witnesses, and
other information to dispute the recommendation of the Richmond
Police Department and/or the complaining victim. The Richmond
Police Department and/or complaining victim shall have the
burden of proof in any hearing held pursuant to this section.
(4) The owner of any dog declared to be dangerous or vicious
shall have seven (7) calendar days to comply with the automatic
requirements outlined herein for dangerous or vicious dogs and
twenty (20) calendar days to comply with any other requirements
imposed by the Board of Works pursuant to subsection (d), during
which twenty (20) day period they may appeal such determination
and/or required action to the Wayne County Circuit of Superior
Court.
(c) 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:
(1) 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
Page 15 of 27
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.
(2) 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.
(3) 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
(4) 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.
(5) The owner must comply with all laws concerning the care
of dogs.
(6) The owner must at all times have a collar upon the dog of a
color (yellow) designating the dog as dangerous or vicious.
(7) 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 section.
(8) The owner shall maintain a policy of insurance in an
amount not less than $100,000.00, 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.
(d) Additional Powers of Board
(1) In addition to any other fines imposed pursuant to this
chapter, and in addition to the above -listed compliance
Page 16 of 27
requirements, the Board of Pubic Works and Safety or a Court of
competent jurisdiction may impose the following sanctions with
respect to a dog determined to be dangerous or vicious when it
determines those sanctions are necessary to protect the public's
safety:
(A) Order the dog immediately impounded until the owner
meets the requirements of this section (including sterilization
or destruction). 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 and any fines or fees assessed or incurred
under this chapter.
(B) Order the dog sterilized, except that no dog shall be
sterilized without the owner's consent until the time during
which said order may be appealed has expired.
(C) Order the dog destroyed, except that no dog shall
be destroyed without the owner's consent until the time
during which said order may be appealed has expired.
(2) 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:
(A) The nature of any injury inflicted by the dog, and
whether the injury was inflicted on property or on a human
being.
(B) 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.
(C) The likelihood that the owner will comply with the
requirements of this section.
91.16 HUMANE CARE OF ANIMALS
(a) Humane Treatment of Animals
(1) An owner of an animal:
(A) Shall provide his or her animal with:
Page 17 of 27
(i) Wholesome, nutritious food and
adequate water and fresh air compatible with
that animal's biological requirements to
maintain body weight and hydration.
(ii) Shelter and protection from adverse
weather (heat, cold, wind, rain, snow) of such
design (e.g. dog house with three (3) walls, a
roof and floor) that the animal(s) can be
completely dry and out of the wind, can heat the
enclosed space with its own body heat with the
assistance of bedding (e.g. straw or
blanket), and has adequate ventilation to
provide fresh air. If the animal is placed into
an outdoor enclosure (e.g. kennel or pen)
the enclosure must be a minimum of 100
square feet in size (10' x 10') and be
constructed of material that is sturdy
enough to prevent escape and must contain
within it a dog house or shelter as described
above. The outdoor enclosure must be tall
enough to prevent escape and must have a
top of such a design that escape is
prevented but ventilation and daylight can
penetrate (e.g. chain -link top).
(iii) Veterinary care when needed for an
animal that is ill or injured.
in mud or puddles. Living space maintained
so that the animal is not forced to sit, stand
or lie in its own excrement, mud, or puddles.
M if toed the animal shall be restrained hy-a
Gemfor+able fitting b iGkleGGllar or harness. hTe Jc
shall be of si Gh length as to allow the animal(s) aGGess
to its food, water andshelter, andability to move
aroundbut in no event shall the tie he less than three
0
(3) times the body length of the dog or ten (10) fee+
0
whiGhever is greater.
(B) Shall not tether any animal, as defined under this
ordinance, as a permanent means of confinement. An
animal may be temporarily tethered, only if the following
conditions are met:
(i) The animal must be attached by a tether no
shorter than 10 feet that is free from entanglement
Page 18 of 27
and it must be attached by a non -choke buckle
collar or harness. The animal shall not be attached
by use of a choke collar, snap collar, or any collar
made out of chain, or any collar too small for the
size and age of the animal, or by any rope, chain,
cable, or cord directly attached to the animal's
neck;
(ii) The animal's owner or custodian is outside
and in visual contact with the animal or the animal
is tethered only for the reasonable time necessary
for the animal's owner or custodian to complete a
temporary task (e.g. work shift) not to exceed a
maximum of 12 hours in any 24 hour period;
(iii) Food, water and appropriate shelter must be
available to the animal while it is tethered; and
(iv) The animal must be monitored periodically.
(C) Shall not abandon or neglect his or her animal.
(2) Torture, mutilation, or killing an animal
(A) No person shall knowingly or intentionally:
(i) Torture, beat or mutilate an animal resulting in
serious injury to the animal, or
(ii) Kill an animal.
(B) Defense
It is a defense to a violation of the preceding subsection that
an accused person reasonably believed that the conduct or
action in question was necessary to:
(i) Prevent injury to the accused person or
another person.
(ii) Protect the property of the accused
person from destruction or substantial damage;
or
(iii) Prevent a seriously injured or seriously
ill animal from prolonged suffering.
(3) Destruction of an animal is authorized under this section only if
the animal is destroyed by a veterinarian, the Animal Services Officer,
an approved animal shelter, or humane society under acceptable
veterinary practices after it has been determined by the Animal
Page 19 of 27
Control Officer, veterinarian, animal shelter, or humane society that
it is in the best interest of the animal that it should be destroyed.
(b) Impoundment
(1) A law enforcement officer or any other person authorized to
enforce the provisions of this section or to impound animals may take
custody of the animal if he or she has probable cause to believe:
(A) That there has been a violation of this section.
(B) That the animal is being exposed to hazardous or
inhumane conditions so as to pose a public nuisance or
substantial threat to the animal.
(2) The animal shall be properly cared for pending disposition of
charges under this section.
(3) If the owner requests, a hearing shall be held before the Board
of Public Works and Safety to determine if the animal should be
returned to the owner. If the Board determines that probable cause
does not exist to establish the conditions of this section, the Board
shall order the animal returned to its owner. Notwithstanding a finding
that probable cause does not exist, the Board, in its discretion, may
return the animal to its owner with the imposition of reasonable
requirements as may be necessary to insure future compliance by the
owner with this section.
(4) If a person is determined to be in violation of this section, the
Court or the Board of Public Works and Safety may impose the
following additional penalties against the person:
(A) A requirement that the person pay the cost of caring for
the animal involved in the offenses that are incurred during a
period of impoundment authorized under this section.
(B) An order terminating the person's right to possession,
title, custody or care of an animal that was involved in the
offense, if the Court or the Board of Public Works and Safety
find that the animal may continue to be exposed to hazardous
or inhumane conditions so as to pose a public nuisance or
substantial threat to the animal.
(5) If a person's right to possession, title, custody or care of an
animal is terminated under the preceding subsection (4)(B) of this
section, the Court or the Board of Public Works and Safety may award
the animal to a humane society or other organization that has as its
principal purpose the humane treatment of animals.
(c) Animal Hoarding
Page 20 of 27
Animal • . • • s ST_T-T_lTTtfl...... fi7fn::trr-psi. -
Animaldogs or more than fem (1) ;peGted of being a hoarder (eXG'udmng
pet shops, kennels, and shelters) who is reported to
Animalshall be evaluated by an Off -r so that an Animal
Control Off Ger may within his or her diSGretion determine whether
ndmvmdual animal hearding. if the individual ow
s deemed 1 al hearding, the individual shall be
required AnimalI.A.4h an - -
alternative P-laGement of eXGessive animals. 1
AnimalGase basis. Failure of any individual tG GGGperate with
OffiGer may result in impoundment of the animals or fines. is prohibited.
(d) Exceptions from Ordinance
Except as provided for in subsection (a), the provision of this
section do not apply to the following:
(1) Fishing, hunting, trapping or any other conduct
authorized under I.C. 14-2.
(2) Conduct regarding livestock authorized under I.C. 15-
5-7.
(3) Veterinary practice authorized by standards adopted
under I.C. 15-5-1.8.
(4) Acceptable farm management practices.
(5) Conduct authorized by the Indiana Meat and Poultry
Inspection and Humane Slaughter Act I.C. 16-6-5, and rules
adopted under I.C. 16-6-5, for state or federally inspected
livestock slaughtering facilities.
(6) A research facility registered with the United States
Department of Agriculture under the Animal Welfare Act.
(7) Conduct which is otherwise authorized by a duly
adopted ordinance of the City of Richmond or statute of the
State of Indiana or the United States.
(e) It shall be a violation of Richmond Code for any person to intentionally
provoke or tease an animal.
(f) ANIMALS AND VEHICLES
No animal shall be left unattended in a vehicle when the conditions in that
vehicle would constitute a health hazard to the animal.
Page 21 of 27
(g) INJURY CAUSED BY A MOTOR VEHICLE TO ANIMALS
Any person operating a vehicle who causes injury or death to an animal shall
stop at once, assess the extent of injury, and immediately notify the owner,
police department, or the Animal Services Officer of the location of the animal.
91.17 BREEDING REGULATIONS
(a) Breeder Notation Permit: Breeder's notation on the animal's city tag
shall be obtained by any person who:
(1) Intentionally or accidentally causes the breeding of a
cat or dog;
(2) Makes a cat or dog available for breeding purposes;
(3) Offers a dog or a cat for sale;
(4) Sells, trades, or receives other compensation for a
litter of puppies or kittens (except in the event the litter
is taken to the Humane Shelter).
(b) Such person required to obtain a Breeder's Notation Permit shall:
(1) be in compliance with the City zoning laws;
(2) be limited to one (1) notation per female animal per
year;
(3) be required to register with the City Clerk's office the
name, address, and telephone number of each buyer
or new owner of any dog or cat sold or transferred
within five (5) days after the date of such sale or
transfer;
(4) transmit to the new owner or buyer the litter number of
the animal acquired, and the breeder's permit city tag
number in order that the new owner has assurance
and proof that the animal was legally bred (bred by a
permitted breeder);
(5) immunize all cats and dogs offered for sale, trade or
other compensation or for free giveaway (except an
animal taken to the Humane Shelter) against common
disease; in the case of dogs, against canine distemper,
adeno-virus parainfluenza, parvovirus, coronavirus,
and leptospirosis, and in the case of cats, against
feline rhinotracheitis, and panleucopenia; and
(6) not offer a puppy or kitten under the age of eight (8)
weeks for sale, trade, other compensation or for free
giveaway (except in the event the puppy, kitten or litter
is taken to an Animal Shelter or humane society). Any
fees incurred by City for animals taken to the Animal
Page 22 of 27
Shelter or humane society will be charged to the pet
owner for all animal(s) taken.
(c) Such person required to obtain a Breeder's Notation shall be
required to purchase Breeder's Notation at the rate of $100.00 $200.00 per
litter, such funds to be deposited into the Animal Control Fund set forth by
91.13 (Animal Control Fund).
(d) Such person required to obtain a Breeder's Permit shall update any
change in the information, under which the breeder's permit was issued.
Such person shall report the change to the City Clerk's Office.
(e) Any such owner who fails to obtain a breeder's permit and who
accidentally causes the animal to be bred shall immediately seek to obtain
a breeder's permit or have the pet sterilized (immediately if male and within
thirty (30) days of weaning if female) and obtain a city registration tag
showing proof of sterilization. All other provisions herein shall apply and
the accidental litter must be cared for accordingly.
(f) If such person required to obtain a Breeder's Permit shall be found
in violation of the breeding permit requirement, the person shall not be
permitted to advertise the litter for sale, nor shall the owner be permitted to
obtain a subsequent Breeding Permit for the particular female animal, in
addition to the penalty assessed in section 91.99.
(g) The Board of Public Works and Safety may bring any action
permitted by State law to enforce the breeding regulations including, but
not limited to, an action seeking an injunction.
91.18 FREE ROAMING CATS
(a) Care for unmanaged colonies prohibited.
It shall be unlawful for a person to provide food, water or shelter to a
colony of free -roaming cats, unless, the colony is a managed colony
defined under this ordinance.
(b) Managed Free -Roaming Cats.
(1) The animal control division or its designee, in order to
encourage the stabilization of the free -roaming cat population
in the city, may:
(A) Trap any free -roaming cat in a humane manner;
(B) Have the cat surgically sterilized, ear -tipped, and
vaccinated against rabies by a licensed veterinarian;
and
(C) Release the cat to the animal control division for
adoption or other disposition in accordance with law,
Page 23 of 27
or to a colony caretaker who will maintain the cat as
part of a managed colony of free -roaming cats.
(2) The enforcement authority may impound free -roaming
cats in violation of this chapter. Any free -roaming cat
impounded by the enforcement authority that bears an
appropriate ear -tipping indicating it belongs to a managed
colony may, at the discretion of the animal control division,
be returned to its managed colony unless illness or injury
presents an imminent danger to public health or safety.
(c) Colony Caretaker responsibilities. It shall be a violation of this Chapter
if the Colony Caretaker does not abide by the following:
(1) Colony caretakers shall abide by all required standards
for each cat, according to this Chapter, as it relates to the
provision of food, water, shelter and veterinary care for cats
within the managed colony, etc;
(2) During the sterilization and immunization procedure,
Colony caretakers shall have a licensed veterinarian evaluate
the health of each cat prior to their release back into the
colony. Seriously ill or injured cats with no reasonable
prognosis for recovery or the ability to survive outdoors shall
be humanely euthanized;
(3) Colony Caretakers are required to have proof of a three
year anti -rabies immunization from a licensed veterinarian for
each cat within their colony and must provide proof of
immunization to the animal control division, upon request;
(4) Should a cat within a managed colony become the
subject of a complaint to Animal Control, the caretaker will be
notified by Animal Control of the nature of the complaint. If
the problem cannot be remedied by the caretaker, Animal
Control has the authority to remove and/or relocate the cat;
and
(5) Compliance with this section must occur within 90 days of
arrival of a free -roaming cat to the colony. Cats that have not
been ear -tipped shall remain subject to trapping and
impoundment by Animal Control. Cats which have been ear -
tipped and are part of a managed colony shall be permitted to
remain within their designated colony area unless illness or
injury presents an imminent danger to public health or safety.
91.97 ENFORCEMENT
The provisions of this chapter shall be enforced by the Richmond Police Department,
the Animal Control Officer, duly authorized personnel of the humane society, or
any other person authorized by the Board of Public Works and Safety.
Page 24 of 27
91.98 PENALTY
(a) In addition to any other penalties imposed by this chapter, any person
violating the provisions of this chapter shall be subject to a fine of twenty c
fifty dollars ($50.00) for the first offense within a calendar year
and one hundred dollars ($100.00) for the second and
each subsequent offense within a calendar year (except when fined pursuant to
subsections (b) or (c) herein).
(b) In addition to any other penalties imposed by this chapter, any
person violating the provisions of 91.04(c) (Restraint and Quietude) shall
be subject to a fine of one hundred dollars ($100.00) for the first offense
within a calendar year, in addition to the requirement to either obtain a city
registration tag with an intact notation or proof of sterilization. The second
offense within a calendar year shall result in a fine of two hundred fifty
dollars ($250.00) and impoundment of the animal. After the second offense
the owner must produce a city registration tag with an intact notation or a
prepaid spay/neuter certificate from a licensed veterinarian or spay/neuter
clinic to reclaim the animal. Failure to reclaim within five (5) days shall
result in the animal becoming the property of the sheltering facility.
(c) In addition to any other penalties imposed by this chapter, any
kennel, shelter or pet shop which violates the provisions of 91.14 (Kennels,
Shelters and Pet Shops) shall be subject to a fine of five hundred dollars
($500.00) for the first offense and a fine of one thousand dollars ($1,000.00)
for any subsequent offense in the same calendar year.
(d) In addition to any other penalties imposed by this chapter, any person
violating the provisions of 91.16 (Humane Care of Animals) shall be subject to a
fine of fifty dollars ($50.00) for the first offense within a calendar year and one
hundred dollars ($100.00) for the second and each subsequent offense within a
calendar year.
(e) In addition to any other penalties imposed by this chapter, any person
violating the provisions of 91.15 (Dangerous/Vicious Dogs) or 91.18 (Breeding
Regulations) shall be subject to a fine of one hundred fifty dollars ($190.00)
($150.00) for the first offense within a calendar year and two hundred fifty
dollars ($250.00) for the second and each subsequent offense within a
calendar year.
(f) In addition to any other penalties imposed by this chapter, any
person violating the provision of 91.19 (Free Roaming Cats) shall be
subject to a fine of twenty-five dollars ($25.00) per cat in violation and the
cat shall be impounded by Animal Control. Impounded cats may, at the
discretion of Animal Control, be released to an alternate managed colony
or be humanely euthanized.
Page 25 of 27
(g) In addition to any other penalties imposed by this chapter, any owner
of an animal which bites a person or another animal without provocation while
running loose shall be fined one hundred dollars ($100.00).
(h) All fines shall be payable to the City Clerk. Failure to remit the fine withir
fifteen (15) days of the issuance of the ordinance violation citation shall result in
doubling the fine and the filing of an enforcement action in Wayne County Court.
91.99 UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this Chapter
be properly declared unconstitutional or invalid for any reason, the remainder
of said Chapter shall not be affected thereby.
Section 2: Effective Date
This Ordinance shall be in full force and effect from and after its passage and
adoption by the Common Council of the City of Richmond, Indiana.
Passed and adopted this 6th day of April, 2009, by the Common Council of the City of
Richmond, Indiana.
S/S Bruce Wissel President
(Bruce Wissel)
ATTEST: S/S Karen Chasteen
Karen Chasteen, IAMC, CMC
City Clerk
PRESENTED to the Mayor of the City of Richmond, Indiana, this 13th day of April, 2009,
at 9:00 a.m.
ATTEST: S/S Karen Chasteen
Karen Chasteen, IAMC, CMC
City Clerk
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 13th
day of April, 2009„ at 9:05 a.m.
S/S Sarah L. Hutton , Mayor
(Sarah L. Hutton)
Page 26 of 27
ATTEST: S/S Karen Chasteen
Karen Chasteen, IAMC, CIVIC
City Clerk
Page 27 of 27