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HomeMy WebLinkAboutD-655 Vicious DogsORDINANCE D-655 WHEREAS vicious dogs have become a serious threat to the safety and welfare of the citizens of the City of Carmel: BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL THAT: Section 1. DEFINITIONS (a) For the purpose of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning. (b) "VICIOUS DOG" means any one of the following (bl-b6): (1) Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or (2) Any dog 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 (3) Any dog which causes injury to or otherwise endangers the safety of human beings or domestic animals; or (4) Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or (5) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or (6) Any dog not licensed according to state, county, or city law. (7) Not withstanding the definition of a vicious dog above, no dog may be declared vicious if an injury or damage is sustained 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 or keeper of the dog, or was teasing, tormenting, abusing or assaulting to dog or was committing or attempting to commit a crime, or who had done so in the past. (8) No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog or was on the property of the owner of the dog. (9) No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. ( c ) "ANIMAL CONTROL OFFICER" means any person or persons employed, contracted or appointed by the Carmel Chief of Police for the purpose of aiding in the enforcement of this ordinance, including any officer of the Carmel Police Department who duties in whole or in part include assignments which involve the enforcement of this ordinance. (d) "ENCLOSURE" means a fence or structure of at least six feet (6') in height, forming a structure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure, as approved by the animal control officer shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. Such enclosure shall conformto the building codes and zoning requirements of the City of Carmel. (e) "OWNER" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Section 2. LICENSE REQUIRED It shall be unlawful for any person, corporation, or entity to own, harbor, or possess a vicious dog within the city limits of the City of Carmel without a vicious dog license issued by the Clerk- Treasurer of the City of Carmel. Section 3. LICENSE FEE The fee for obtaining a vicious dog license shall be one hundred dollars ($100.00) per year which shall be deposited at the office of the Carmel Clerk-Treasurer. Section 4. APPLICATION FOR LICENSE Any person desiring to obtain a license for a vicious dog may apply to the Clerk-Treasurer the City of Carmel, on a form to be furnished by the City, disclosing and affirming to the following information: (a) The Clerk-Treasurer shall cause a copy of the completed applications for vicious dog licenses to be sent to the Carmel Chief of Police. (b) No license shall be issued by the Clerk-Treasurer until the information obtained can be confirmed by the animal control officer. (1) Proof that the owner or keeper has procured liability insurance in the amount of at least one million dollars ($1,000,000.00), covering any damage or injury which may be caused by the vicious dog during the twelve (12) months for which the license is being sought, which policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of the Chief of Police being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. (2) Proof that the owner of keeper has, at his own expense, had the licensing number assigned to the vicious dog tattooed upon the vicious dog by a licensed veterinarian or person trained as a tattooist. The animal control officer may, in his discretion, designate the particular location of the tattoo. (3) A written declaration by the owner or keeper that he shall have on display at all times a sign on his premises warning that there is a vicious dog on the premises. The sign shall be visible from the public roadway. (4) A written declaration by the owner or keeper that the shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of the license. (5) A written declaration by the owner or keeper that he has and will continue to maintain an enclosure as defined by this ordinance. The animal control officer shall confirm the existence and location of such enclosure prior to the issuance of the license. (6) Verification that the vicious dog has had all inoculations required by state, county, or city law. (7) A written declaration by the owner or keeper that he grants consent for the animal control officer to enter on to his private property for the purpose of reasonable inspections to determine compliance with this ordinance. Section 5. NOTIFICATION OF CHANGE OF CIRCUMSTANCES (a) The owner of keeper of a vicious dog shall notify the Carmel Police Department immediately upon becoming aware that a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being. (b) The owner of keeper of a vicious dog shall notify the Carmel Police within twenty-four (24) hours if the vicious dog has died, been sold or given away. (c) If the vicious dog has been sold or given away,'the owner or keeper shall also provide the Carmel Police with the name, address and telephone number of the new owner of the vicious dog. (d) The owner of keeper of a vicious dog who fails to comply with the provisions of this section is subject to a fine of up to two thousand and five hundred dollars ($2,500.00). (e) The Carmel Chief of Police shall cause to be sent to the Carmel Clerk-Treasurer a copy of all notifications of changes required by this section. Section 6. CONTROL OF VICIOUS DOGS (a) All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure. (b) It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to sell or give away the vicious dog, or to comply with commands or directions of the animal control officer, or to comply with the provision of this ordinance which requires the vicious dog to have a tattoo. In such event, the vicious dog shall be restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog. In addition, the vicious dog shall be muzzled in such a manner that will prevent the dog from biting a person or animal but that will not cause injury to the dog or interfere with its vision or respiration. Section 7. EXEMPTIONS (a) If a dog is ruled to be vicious for being an "unlicensed dog" solely, that vicious dog ruling shall be repealed upon compliance with all state, county, and township laws concerning the licensing of dogs. All other provisions of this ordinance dealing with vicious dogs shall not apply to that animal. (b) The provisions of this chapter shall not apply to K-9 or other dogs owned by any police department or any law enforcement officer which are used in the performance of police work. Section 8. INQUIRY (a) The animal control officer is empowered to make whatever investigation he deems necessary to ensure compliance with the provisions of this ordinance, including, but not limited to, obtaining a search warrant. (b) Any person may file a complaint that a vicious dog 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 a written complaint. Section 9. PENALTIES (a) Upon a finding by the Carmel City Court that a vicious dog, except those ruled vicious for being an unlicensed dog solely, (1) which does not have a valid license in accordance with the provisions of this ordinance, or (2) whose owner or keeper does not secure or maintain the liability insurance required by this ordinance, or (3) which shall be outside of the dwelling of the owner or keeper, or outside of an enclosure except as provided for in this ordinance, or (4) which is not tattooed, shall be confiscated by the animal control officer and destroyed in an expeditious and humane manner. In addition, the owner or keeper shall pay a fine of up to two thousand and five hundred dollars (2,500.00). (b) If any vicious dog 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 destroyed in an expeditious and humane manner. In addition, the owner or keeper shall pay a fine of up to two thousand and five hundred dollars (2,5oo.oo). (c) If any vicious dog shall, when unprovoked , attack, assault, wound, bite or otherwise injure or kill a human being, the vicious dog shall be confiscated by the animal control officer and destroyed in an expeditious and humane manner. In addition, the owner or keeper shall pay a fine of up to two thousand and five hundred dollars (2,500.00). (d) The penalty provision of (a) , (b) , and (c) above shall not apply unless the dog, prior to the offense alleged, shall have been declared vicious pursuant to the provisions of this ordinance. (e) Whenever the Carmel Clay Court orders a vicious dog to be destroyed which allows for appropriate time for appeal and for any medical tests which may need to be performed on the vicious dog, including, but not limited to, a test for rabies. (f) If an unlicensed dog is not reclaimed, the dog shall be sold or destroyed according to the provisions of IC 15-5-9-14. Section 10. DETERMINATION OF A VICIOUS DOG (a) In the event that the animal control officer has reason to believe that a dog is vicious, the animal control officer shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. (b) The animal control officer shall conduct or cause to be conducted an investigation and shall notify the last known owner or keeper of the dog that a hearing will be held, at which time the owner or keeper may have the opportunity to present evidence why the dog should not be declared vicious. Such notice shall include the time, date, and location of the hearing. Such notice shall be hand delivered by certified mail. (c) The hearing shall be held promptly within no less than five (5) days nor more than ten (10) days after service of notice upon the owner or keeper of the dog. The hearing shall be informal and open to the public. (d) In the event that the animal control officer has probable cause to believe that a dog is vicious and may pose a threat of serious harmto human beings or other domestic animals, the animal control officer is empowered to seize and impound the dog pending the outcome of the hearing. The owner or keeper of the impounded dog shall be responsible for the reasonable expense of keeping the dog. (e) After the hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is vicious, the owner or keeper shall comply with the provision of this ordinance with a time schedule established by the animal control officer, but in no case more than thirty (30) days subsequent to the determination. (f) If the owner or keeper of the dog contests the determination, he or she, within five (5) days of that determination, bring a petition in the Carmel Clay Court praying that the court conduct its own hearing on whether or not the dog should be declared vicious. Section 11. COSTS OF ENFORCEMENT All costs associated with the enforcement of this ordinance, shall, to the extent possible, be assessed to the owner or keeper of the vicious dog in violation of this ordinance. Such costs shall include, but not be limited to the costs of investigating that a dog is vicious, capturing a vicious dog, and impounding and boarding a vicious dog. Section 12. MISCELLANEOUS PROVISIONS (a) In the case arising under this ordinance, the burden of proof shall be upon the owner of a dog to prove that any action by the dog was "provoked". (b) The animal control officer shall have the power to enter onto private property in order to carry out the requirements of this ordinance. (c) Nothing in this ordinance shall be construed to limit any other rights or actions, criminal or civil, in law or equity. (d) Nothing in this ordinance shall be construed to in any way limit any law enforcement officer from exercising his legal authority to seize and/or destroy any animal in order to protect persons and property. Section 13. SEVERABILITY If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance so long as enforcement of same can be give the same affect. Section 14. EMERGENCY An emergency is hereby declared and this ordinance shall be in full force and effect upon passage. Date this 20th day of August, 1990. ATTEST: APPROVED: Date