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HomeMy WebLinkAboutD-1372-98 Vicious Animal PermitORDINANCE NO. D-1372-98 [Second Amended Version] AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 4, ARTICLE 1, DIVISION III, SECTION 4-29 AND CHAPTER 6, ARTICLE 5, DIVISION VI, SECTIONS 6-130 THROUGH 6-138, AND ADDING SECTION 6-99 TO THE CARMEL CITY CODE WHEREAS, in order to preserve public safety and welfare, it is necessary to amend certain sections of the Carmel City Code addressing animal regulations. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that: 1. Chapter 4, Article 1, Division III, Section 4-29 of the Carmel City Code is hereby amended to read as follows: "Sec. 4-29 Vicious Animals. (a) PERMIT REQUIRED. It shall be unlawful for any person, corporation, or entity to own, harbor or possess a "Vicious Animal" as defined in Section 6-130 of this Code within the City limits of the City of Carmel without a current Vicious Animal permit having been issued for such animal by the Carmel Police Department. (b) NO PERMIT FEE. There shall be no fee charged for obtaining a Vicious Animal permit. (c) APPLICATION FOR PERMIT. Any person desiring to obtain a permit for a Vicious Animal shall apply to the Carmel Police Department on a form to be furnished by the City. No permit shall be issued until the information obtained on the permit application form is confirmed by an "Animal Control Officer", as defined in Section 6-130 of this Code. Each Vicious Animal permit application shall contain the following information: (i) A signed statement by the "Owner", as defined in Section 6-130 of this Code, of the Vicious Animal indicating that the Owner has procured homeowner's or renter's insurance in the amount of at least One Hundred Thousand Dollars ($100,000.00), covering any damage or injury which may be caused by the Vicious Animal during the twelve (12) months for which the permit is being sought. (ii) Proof that the Owner of the Vicious Animal has, at his own expense, had the permit number assigned to the Vicious Animal tattooed or otherwise permanently marked upon the Vicious Animal by a licensed veterinarian or trained tattooist, or implanted under the skin of the Vicious Animal as a scanable microchip by a licensed veterinarian. The Animal Control Officer may, in his discretion, designate the particular location of the tattoo, microchip or other permanent identification on the Vicious Animal. Page One of Nine Pages [eb:msword:c:~ordinancesXamendcodehmimord2ndlmd.doc:8/6/98] (iii) A written declaration by the Owner of the Vicious Animal that he shall have on display at all times a sign on his premises warning that there is a Vicious Animal on the premises. The sign shall be visible from the public roadway. (iv) A written declaration by the Owner of the Vicious Animal that he shall maintain the liability insurance required by this Section during the twelve (12) month period for which a permit is sought, unless the Owner shall cease to own the Vicious Animal prior to the expiration of the permit. (v) A written declaration by the Owner of the Vicious Animal that he has and will continue to maintain an Enclosure as defined by Section 6-130 of this Code. The Animal Control Officer shall confirm the existence and location of such Enclosure prior to the issuance of the permit. (vi) Proof that the Vicious Animal has had all inoculations required by law." 2. Chapter 6, Article 5, Division VI, Sections 6-130 through 6-138, inclusive, of the Cannel City Code are hereby amended to read as follows: "Division VI. Vicious Animal Refulations. Sec. 6-130 - Definitions. (a) For purposes of this Division, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) Vicious Animal shall mean any one of the following: (A) Any animal which, when unprovoked, in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon streets, sidewalks or any other public grounds or places; or (B) Any animal with a propensity, tendency or disposition to attack unprovoked. Evidence of such propensity, tendency or disposition shall include, but not be limited to, lunging at a fence in a vicious or terrorizing manner in apparent attitude of attack when someone walks by or by chasing any person; or (C) Any animal which causes injury to or otherwise endangers the safety of human beings or domestic animals; or (D) Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or Ordinance No. Page Two of Nine [eb:msword:c:\ordinancesXamendcode~mi~nord2nd~nd.doc:8/6/98] (E) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for animal fighting; or (F) Any animal not licensed according to any applicable Federal law and/or any applicable State law other than Indiana Code Section 15-5-9-1. Notwithstanding the above definition of Vicious Animal, no animal shall be declared vicious if: (i) an injury or damage is sustained from the animal by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the Owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to cormnit a crime, or (ii) any injury or damage is sustained from the animal by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal at issue or was on the property of the owner of such animal, or (iii) the animal was protecting or defending a human being within its immediate vicinity from an unjustified attack or assault, or (iv) the animal is a K-9 patrol dog or police dog owned or kept by a law enforcement agency and is being used in the line of duty or for law enforcement purposes. (2) Animal Control Officer shall mean any person employed, contracted for or appointed by the Chief of Police for the purpose of aiding in the enforcement of this Division, including any officer of the Carmel Police Department whose duties in whole or in part include assignments which involve the enforcement of this Division. (3) Enclosure shall mean a fence or wall at least six feet (6') in height or other structure suitable for preventing the entry of yotmg children, and for confining a Vicious Animal therein, in conjunction with other measures which may be taken by the Owner or approved by the Animal Control Officer. An enclosure shall be securely designed, constructed and locked so as to prevent a Vicious Animal from escaping therefrom. The enclosure shall conform to the building codes and zoning requirements of the City. (4) Owner shall mean any person, firm, corporation, organization or department processing, harboring, keeping, possessing or having custody or control of a Vicious Animal. Sec. 6-131 Notification of Change of Circumstances. (a) The Owner of a Vicious Animal shall notify the Cannel Police Department immediately upon becoming aware that the Vicious Animal is on the loose, is unconfined, or has attacked another animal or a human being. (b) The owner of a Vicious Animal shall notify the Carmel Police Department within twenty-four (24) hours of the time the Vicious Animal has died, or has been sold or given away. Ordinance No. Page Three of Nine [eb:msword:c:Xordinances~amendcod6animont2ndamd.do~:8/6/98] (c) If a Vicious Animal has been sold or given away, the Owner shall also provide the Carmel Police Department with the name, address and telephone number of the new Owner of the Vicious Animal within twenty-four (24) hours of the time such action occurred. (d) The Owner of a Vicious Animal who fails to comply with the provisions of this Section shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00). Sec. 6-132 Control of Vicious Animals. (a) All Vicious Animals shall be confined in an Enclosure. It shall be unlawful for any Owner to maintain a Vicious Animal upon any premises which does not have an Enclosure. (b) It shall be unlawful for any Owner to allow any Vicious Animal to be outside of the dwelling of the Owner or outside of its Enclosure unless it is necessary for the Owner to obtain veterinary care for the Vicious Animal or to sell or give away the Vicious Animal, or to comply with commands or directions of the Animal Control Officer, a Cannel Police Department officer or to comply with the provision of this Division which requires Vicious Animals to have a tattoo or other identifying permanent mark. In such event, the Vicious Animal shall be restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3 ') in length, or other appropriate device, and shall be under the direct control and supervision of the Owner of the Vicious Animal. In addition, the Vicious Animal shall be muzzled or otherwise restrained in such a manner that will prevent the animal from biting or otherwise inflicting injury on a person or animal, but that will not cause injury to the Vicious Animal or interfere with its vision or respiration. Sec. 6-133 Exemption. If an animal is ruled to be a Vicious Animal under and solely on account of Section 6- 130(a)(1)(F) of this Code, such ruling shall become null and void as of the date on which the Owner of such animal fully complies with all applicable Federal and/or State laws concerning the licensing of such animal. Sec. 6-134 Inquiry. (a) The Animal Control Officer is empowered to make whatever investigation he/she deems necessary to ensure compliance with the provisions of this Division, including, but not limited to, obtaining a search warrant from a court of competent jurisdiction. (b) Any person may file a complaint that a Vicious Animal is being harbored within the City. Such complaint shall be filed with the Carmel Police Department on a written form provided by the Carmel Police Department. The Animal Control Officer shall conduct an investigation upon the receipt of such a complaint. Ordinance No. Page Four of Nine [eb :msword:c :~ordinanc es~amendcodeXanimord2ndamd. doc: 8/6/98] Sec. 6-135 Penalties. (a) Subject to Section 6-133 of this Code, upon a finding by the Carmel City Court or other court of competent jurisdiction that an animal is a "Vicious Animal" as defined in Section 6-130 of this Code, and such Vicious Animal: does not have a valid permit in accordance with the provisions of this Division, or (2) has an Owner who had not secured or maintained liability insurance in accordance with the provisions of this Division, or (3) is outside of its dwelling, or outside of its Enclosure in violation of the provisions of this Division, or (4) is not tattooed or otherwise permanently marked in accordance with the provisions of this Division. Such Vicious Animal shall be confiscated by the Animal Control Officer and, upon order of the Carmel City Court or other court of competent jurisdiction, destroyed in an expeditious and humane manner. In addition, the Owner of the Vicious Animal shall pay a fine of up to Two Thousand Five Hundred Dollars ($2,500.00). (b) If a Vicious Animal shall, when unprovoked, kill, wound, or assist in killing or wounding a domestic animal, the Vicious Animal shall be confiscated by the Animal Control Officer and, upon order of the Carmel City Court or other court of competent jurisdiction, be destroyed in an expeditious and humane manner. In addition, the Owner of such Vicious Animal shall pay a fine of up to Two Thousand Five Hundred Dollars ($2,500.00). (c) If a Vicious Animal shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the Vicious Animal shall be confiscated by the Animal Control Officer and, upon order of the Carmel City Court or other court of competent jurisdiction, be destroyed in an expeditious and humane manner. In addition, the Owner of such Vicious Animal shall pay a fine of up to Two Thousand Five Hundred Dollars ($2,500.00). (d) The penalty provisions of (a), (b), and (c) above shall not apply unless the animal, prior to the offense alleged, has been declared to be a Vicious Animal pursuant to the provisions of this Division. Ordinance No. Page Five of Nine [eb:msword:c:~ordinances~mendcodcXanimord2ndamd.doc:8/6/98] Sec. 6-136 Determination of Vicious Animal Status. (a) In the event the Animal Control Officer reasonably believes that an animal is a Vicious Animal as that term is defined in Section 6-130 of the Code, he/she is empowered to refer the matter to the Cannel City Court or other court of competent jurisdiction for the purpose of determining whether or not the animal in question should be declared a Vicious Animal for purposes of this Division and Section 4-29 of this Code. (b) Pending such court hearing, the court decision, and any appeal thereof on the issue of whether an animal should be declared a Vicious Animal, the Animal Control Officer is empowered to seize and impound the animal. The Owner of such animal shall be responsible for the reasonable costs and expenses of such impoundment. (c) Whenever the Carmel City Court or other court of competent jurisdiction determines that an animal is a Vicious Animal, it shall allow an appropriate time for the appeal of such decision and/or of any penalty imposed by the court as a result of such decision, and, if the court orders such animal to be destroyed, for any medical tests which may need to be performed on the animal. Sec. 6-137 Costs of Enforcement. All costs associated with the enforcement of this Division shall, to the maximum extent possible, be assessed to the Owner of a Vicious Animal who is in violation of this Division. Such costs shall include, but not be limited to, the costs of investigating whether the animal is vicious, as well as the costs of capturing, impounding and boarding the Vicious Animal. Sec. 6-138 Miscellaneous Provisions. (a) In any case arising under this Division, the burden of proof shall be upon the Owner of an animal to prove that any action by such animal was "provoked." (b) Whenever it is necessary to make an inspection of or enter onto private property in order to enforce any of the provisions of, or perform any duty imposed by, this Division, or an Animal Control Officer has reasonable cause to believe that the keeping or maintaining of an animal constitutes a public nuisance or is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, such Animal Control Officer shall, if time and circumstances permit, first attempt to present proper credentials to the occupant of the property on which such animal is located and request entry thereon, explaining the reasons therefor. If entry is refused or cannot be obtained, or time and circumstances do not reasonably allow the above procedures to be followed, such Animal Control Officer shall have the power to secure lawful entry to and inspect the property. Ordinance No. Page Six of Nine [eb:msword:c:\ordinances~ncndcodeXanimord2ndamd.doc:8/6/98] (c) Nothing in this Division shall be construed to limit any other rights or actions, criminal or civil, in law or equity. (d) Nothing in this Division shall be construed to in any way limit any law enforcement officer from exercising his legal authority to seize and/or destroy any animal as a public nuisance, in order to protect person and property, or otherwise." 3. Chapter 6, Article 5, Division III, Section 6-99, is hereby added to the Carmel City Code, and shall read as follows: "Sec. 6-99 General Animal Care. Every person responsible for any animal located within the City shall ensure that such animal: (a) is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in excrement. (b) Has sufficient wholesome food and water which is proper and nutritional for that species of animal. (c) Has a proper and adequate structure provided that is kept in a sanitary manner and that will protect the animal from all elements of the weather and will allow the animal to stand, sit and lie down without restriction. (d) Receives proper veterinary care as necessary to treat illness, disease and/or injury, to prevent the transmission of disease to other animals or human beings and to promote good animal health. (e) Is not beaten, cruelly treated, overloaded, overworked or otherwise abused. (f) Is not abandoned, neglected or tortured. (g) Does not become a public nuisance under the Carmel City Code, Indiana Code Section 34-1-51-1, or otherwise. (h) Does not, unprovoked, bite, kick, butt, claw, assault, attack or otherwise create a danger to the health and/or safety of other animals or human beings. (i) Is properly vaccinated and/or licensed as required by law. (j) Is prevented from running at large on property other than private property owned or lawfully occupied by its Owner by means of a leash, chain or other appropriate physical restraint. Ordinance No. Page Seven of Nine [eb:msword:c:~ordinances',amendcode~imord2ndamd.doc:8/6/98] (k) Is not left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal. (1) Is not transported in the open bed of a vehicle unless confined in an appropriate manner so as to reasonably prevent the animal from jumping or being thrown from same. (m) Does not defecate on the property of another unless the person responsible for the animal immediately thereafter removes or has removed from such property as much of the feces as is reasonably possible." 4. All prior ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed. 5. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and publication in accordance with applicable law. PASSED by the Common Council of the City of Carmel, Indiana, this 5~r4day of (~).-c~ ~0/~4~ ,1998, by a vote of (,, ayes and ~ nays. g Officer "'>' ' ' ATTE : ~ Diana L. Cordray, ,~~easurer Robert at~al, Pres_i~-e;-~tf0 J ' . y~'l~ Billy ~9%vValker Ordinance No. Page Eight of Nine Pages [cb:msword:c:~ordinanccsXamcndcodeXanimord2ndamd.doc:7/29/98] the ~( day of Presented by me to the Mayor of the City of Carm ,, '~??~a~n~,~Cl~~ ,1998. Cordray, Clerk urer Approved by me, Mayor of the City of Carmel, Indiana, this 4//L'~ day of //~t/_fi/., ,1998. ATTE~ 7 Diana L. CordrZy,~~reasurer Ordinance No. Page Nine of Nine Pages [eb:msword:c:Xordinances~amendcode~inord2ndamd.doc:7/29/98]