HomeMy Public PortalAbout070-2001 - General Ordinance - Amends Chapter 91 of the City CodeAMENDED ORDINANCE NO. 70 - 2001
A GENERAL ORDINANCE AMENDING AND RESTATING
CHAPTER 91 OF THE CITY OF RICHMOND CODE
WHEREAS, Chapter 91 of the City of Richmond Code Regulates animals within the City of Richmond; and
WHEREAS, it is desirable to make several changes to said Chapter in order to enhance enforceability, bring City Code into compliance with current practice, and add certain new sections
to said Chapter.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana that Chapter 91 of the City of Richmond Code is hereby amended to read as follows except that portions
that appear in bold shall appear in normal print and portions that are stricken shall not appear (bold portions represent new additions to Code and stricken portions represent deletions;
these are included to facilitate understanding of the changes being made):
SECTION
91.01 Definitions
91.02 Registration
91.03 Owner Identification Registration, Tag, and Collar
91.04 Restraint
91.05 91.045 Removal of excrement
91.06 91.05 Impoundment
91.07 91.06 Redemption of Impounded Animals
91.08 91.07 Rabies Control
91.09 91.08 Reports of Bite Cases
91.10 91.09 State Laws and Regulations
91.11 91.10 Investigation
91.12 91.11 Records
91.13 91.14 Animal Control Fund
91.14 91.16 Kennels and Pet Shops
91.15 91.17 Dangerous/Vicious Dogs
91.16 91.18 Humane Care of Animals
91.17 Enforcement
91.18 Penalty
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” – the person or persons employed by the City Police Department as its enforcement officer.
(c) “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.
(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 this Section.
(e) “CITY” – the City of Richmond, State of Indiana
(f) “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.
(g) “HEALTH OFFICER” - THE Health Officer of Wayne County, State of Indiana, or his duly authorized representative.
(h) “KENNEL” – 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 consecutive days or more.
(i) “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
consecutive days or more.
(j) “PET SHOP” – Any establishment or location used for the purpose of selling small animals, including aviaries used to raise birds.
(k) ‘PERSON” – Any individual, partnership, co-partnership, firm, company,
corporation or any other legal entity or its legal representative or agent.
(l) “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.
(m) “SMALL ANIMALS” – Any dogs, cats, fowl, rats, mice, fish, turtles, chickens, ducks, rabbits, pigeons, reptiles, hamsters, gerbils, or any other small animals or birds.
(n) “WILS 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 caring for animals found at large 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) The yearly registration fee shall be $10.00, unless a certificate by a veterinarian stating the dog or cat is neutered is furnished to the person issuing the license tag,
in which case the fee shall be $4.00.
(c) 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 resister 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 (½) of the yearly registration fee; such registrations
must then be renewed each January at the regular yearly fee.
(d) 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).
(e) If there is a change in ownership of a dog or cat during the registration year, the new owner may nave 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 or cat a registration receipt, or registration tag, issued for another dog or cat.
(g) 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.
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 peach and quiet of any person within the city by barking, howling or making noise of any kind for prolonged periods
of time. It is understood this sub-section 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 sub-section recognizing the special needs of such a shelter.
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 found at large and appearing to be abandoned shall be apprehended by the Animal Services Officer and impounded in an animal shelter for a period of not less than five
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. 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 holding
any impounded animal shall attempt to contact the owner of any tagged animal by telephone a minimum of three ties 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.
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 payment of all charges for
care and medical treatment incurred by the animal shelter 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. The owner will then receive a certificate, which certificate shall entitle the owner to have the animal immunized at the veterinarian’s office 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 holding such animal.
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 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. 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 whomever is caring for the person bitten. The Animal Services Officer shall promptly report all animal bite cases to the Health Officer.
(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
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.
(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 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 REGUATIONS
The owner of any dog or other animal shall comply with all state laws, ruls 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 in the performance of their duty to enforce the provisions of this chapter.
91.12 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.
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.
(b) Sources
Sources of revenue for the animal control fund shall be:
(1) Funds received from the yearly registration fees of dogs and cats;
(2) Donations received from outside sources; and
(3) Specific appropriations by the City.
(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;
(3) Funding of the animal shelter contract;
(4) Donations to animal shelters 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.
91.14 KENNELS 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 and any other government agency having jurisdiction.
(2) A license shall be issued on an annual basis. The fee for such license shall be $100.00 per year.
(b) General requirements
(1) Each kennel and 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 six (6) weeks of age that has not been property vaccinated against contagious diseases.
The timing and diseases vaccinated against must meet generally accept 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 is safe for the animals housed in and near the
cage.
(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 veterinarian.
(9) Each kennel and 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 each pet shop and kennel shall comply with all applicable local, state and federal laws, ordinances, rules and regulations not in effect, 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.
(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.
(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.
(2) The person operating a kennel or pet shop shall, upon the request of the Animal Services 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.
(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.
(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 subsection (d) herein is required, to the 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 ay 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 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 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 a 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 pubic 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 requirements, the Board of Public 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 of 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.
(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 pubic 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 HUMANCE CARE OF ANIMALS
(a) Humane Treatment of Animals
(1) An owner of an animal:
(A) Shall provide his or her animal with:
(¡) Wholesome, nutritious food and adequate water and fresh air compatible with that animal’s biological requirements to maintain body weight, and hydration.
(ìì) Shelter and protection from adverse weather (heat, cold, wind, rain, snow) of such design that the animal(s) can be completely dry and out of the wind,
can heat the enclosed space with its own boy heat, has adequate ventilation to provide fresh air.
(ììì) Veterinary care when needed for an animal that is ill or injured.
(ìv) Living Space of such size and design that the animal(s) can move around and not be forced to sit, stand or lie in its own excrement or in mud or puddles.
(v) If tied, the animal shall be restrained by a comfortable fitting buckle collar or harness. The tie shall be of such length as to allow the animal(s) access
to its food, water and shelter, and ability to move around, but in no event shall the tie be less than three (3) times the body length of the dog or ten (10) feet,
whichever is greater.
(B) Shall not abandon or neglect his or her animal.
(2) Torture, mutilation, or killing an animal
(A) No person shall knowingly or intentionally:
(ì) Torture, beat or mutilate an animal resulting in serious injury to the animal, or
(ìì) 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:
(ì) Prevent injury to the accused person or another person.
(ìì) Protect the property of the accused person from destruction or substantial damage; or
(ììì) Prevent a seriously injured or seriously ill animal from prolonged suffering.
(3) Destruction of an animal is authorized under this Section only if:
(a) the animal is destroyed by a veterinarian, the Animal Services Officer, or an approved animal shelter under acceptable veterinary practices after it has been determined
by the veterinarian or animal shelter 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, and
(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 Pubic 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 invcolv4ed 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
Pubic Works and Safety finds that the animal may continue to be exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial thereat
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) Exceptions from Ordinance
Except as provided for in subsection (a), the provisions 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 Mean 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.
(d) It shall be a violation of Richmond Code for any person to intentionally provoke or tease an animal.
(e) 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.
(f) 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 ENFORCEMENT
The provisions of this chapter shall be enforced by the Richmond Police Department or any other person authorized by the Board of Public Works and Safety.
91.18 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- five dollars ($25.00)
for the first offense within a calendar year and fifty dollars ($50.00) 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 91.16 (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.
(c) In addition to any other penalties imposed by this chapter, any person violating the provisions of 91.15 (Dangerous/Vicious Dogs) shall be subject to a fine of one hundred
dollars ($100.00) for each occurrence.
(d) In addition to nay 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).
(e) All fines shall be payable to the City Clerk. Failure to remit the fine within fifteen (15) days of the issuance of the ordinance violation citation shall result in doubling
the fine and the filing an enforcement action in Wayne County Court.
91.19 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.
Passed and adopted this 5th day of November, 2001, by the Common Council of the City of Richmond, Indiana.
s/s Karl Sharp, President
(Karl Sharp)
Attest: s/s Norma Schroeder, City Clerk
(Norma Schroeder)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 6th day of November, 2001,
at 9:00 a.m.
s/s Norma Schroeder, City Clerk
(Norma Schroeder)
APPROVED by me, Shelley D. Miller, Mayor of the City of Richmond, Indiana, this 6th day of November, 2001, at 9:05 a.m.
s/s Shelley D. Miller, Mayor
(Shelley D. Miller)
ATTEST: s/s Norma Schroeder, City Clerk
(Norma Schroeder)