CHAPTER 90:
ANIMALS

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 90.01  DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     ANIMAL.  Any live, non-human vertebrate creature, domestic or wild.

     ANIMAL SHELTER.  Any facility operated by a Humane Society or a municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

     AT LARGE.  Elsewhere than on the owner's premises, and:

         (1)   Not restrained by a leash; or

         (2)   Not under the immediate and complete control of a person capable of controlling such animal.

     AUTHORIZED AGENT.  A law enforcement officer and any authorized employee of the Humane Society.

     CAT.   All domestic members of the feline  family of animals.

     DOG.  All domestic members of the canine family of animals.

     HARBOR.  The actions of any person who permits any animal to habitually remain or lodge or to be fed within his or her home, store, enclosure, yard, or place of business, or any premises on which such person resides or controls.  An animal shall be presumed harbored if it is fed or sheltered for three consecutive days.

     HEALTH DEPARTMENT.  Howard County Health Department.

     KENNEL.  A facility operated principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats.  The facility must be located a minimum of 1,000 feet from the closest dwelling.

     OWNER.  Any person owning or having the care, custody or control of any animal.

     PERSON.  Any individual, firm, association, partnership or corporation.

     PUBLIC NUISANCE.  Any animal that:

         (1)   Attacks passers-by or passing vehicles.

         (2)   Attacks other animals.       

(3)   Damages public or private property.

         (4)   Are not confined while in estrus (heat).

         (5)   Barks, whines, or howls in an excessive or continuous fashion, unreasonable under the circumstances, as to violate the peace and quiet of the neighborhood.

         (6)   It shall also be a public nuisance to harbor more than four dogs or cats over the age of four months, unless classified as a kennel.

     RESTRAINT.  The securing of an animal by leash or confining it within the real property limits by its owner.

     STRAY.  Any animal that does not appear, upon reasonable inquiry, to have an owner.

     UNINCORPORATED AREA OF THE COUNTY.  All areas of the county not located in the City of Kokomo and the towns of Russiaville and Greentown.

     VICIOUS ANIMAL.  Any animal that by its behavior constitutes an immediate and serious physical threat of harm to human beings or other animals.

     WILD ANIMALS.  Any non-domesticated animal, with the exception of small non-poisonous aquatic or amphibious animals and small caged birds.

(BCC Ord. 2000-55, passed 12-4-00)

 90.02  LICENSING OF DOGS; TAGS AND COLLARS.

     The provisions of I.C. 15-5-9-1 through I.C.

15-5-9-7 inclusive concerning the licensing and taxation of dogs and kennels are hereby adopted in their entirety and as they may be subsequently amended, and are made a part hereof by reference the same as if fully set out herein.  As so adopted, the provisions shall apply, and be enforceable in the unincorporated areas of the county.

(BCC Ord. 2000-55, passed 12-4-00)

 90.03  PROHIBITIONS AND PENALTIES.

     (A)   Prohibitions.  In addition to those provisions set forth in I.C. 15-5-9-1 through I.C. 15-5-9-17, the following prohibitions and penalties shall apply, and be enforceable in the unincorporated areas of the county:

    (1)   It shall be unlawful for any owner to allow, suffer or permit a dog to be at large within the unincorporated area of the county except that it shall be permissible during hunting season prescribed by state law for hunting dogs to be allowed to hunt with their owners on private property when permission has been obtained from the owner thereof and to hunt on state lands where allowed.

     (2)   It shall be unlawful for any person to hinder, molest or interfere with any authorized official in the performance of any duty prescribed in this chapter.

         (3)   It shall be unlawful for the owner of any animal to permit such animal to be a public nuisance within the unincorporated area of the county.  Furthermore, it shall be unlawful for any owner of any animal to recklessly or carelessly fail to exercise care and control over such animal in such a way that the animal is a public nuisance.

     (B)  Penalty.  Whoever violates any provision of this chapter shall be subject to a fine of not more than $2,500.

(BCC Ord. 2000-55, passed 12-4-00)

 90.04  ADMINISTRATION.

     Any authorized agent of the county is given authority to:

     (A)   Kill any dangerous, vicious or ferocious animal found at large within the unincorporated area of the county which cannot be safely captured and impounded by ordinary means, except that every reasonable effort shall be made to avoid killing an animal which has bitten or is suspected of having  bitten a person or which appears to have rabies.  If the killing of the animal cannot reasonably be avoided, the authorized agent shall attempt to kill the animal in such a manner so as to preserve the head thereof intact.     

     (B)  Enter upon the land in any of the unincorporated area of the county when in pursuit of any animal which the agent has reasonable cause to believe is in violation of this chapter, except that such agent is not authorized to enter any building without consent of the occupant.

(BCC Ord. 2000-55, passed 12-4-00)

 90.05  ANIMAL APPREHENSION AND IMPOUNDMENT.

     It is the duty of persons and agencies so authorized by the county to apprehend and impound:

     (A)   Any dog or cat at large or any dog or cat deemed a public nuisance;

     (B)  Any dog not wearing a current license tag;

     (C)  Any dog or cat not wearing a proper rabies vaccination tag; or

     (D)  Any animal which has bitten or is suspected of having bitten a person or which appears to have rabies.

(BCC Ord. 2000-55, passed 12-4-00)

90.06  NOTICE TO OWNER.

     Not later than three days after the impounding of a dog which was wearing a current license tag at the time of its impoundment, the caretaker shall deposit in the ordinary United States Mail a notice addressed to the owner advising of the impounding of the dog or cat.  If the owner fails to redeem the dog within 15 days after notice is mailed, the dog may be destroyed or possession given to the Kokomo Humane Society.  This notice provision shall apply to any animal impounded under this chapter.

(BCC Ord. 2000-55, passed 12-4-00)

 

 90.07  REDEMPTION AND DISPOSITION OF IMPOUNDED ANIMALS.

     (A)   Any healthy dog or cat apprehended or impounded may be redeemed by the owner or other persons as authorized in 90.08 within five days of such apprehension, upon showing that the dog has a current license tag and the dog or cat has a current rabies vaccination tag, and the payment of the following fees:

         (1)   If the dog or cat has been apprehended by an agent of the county, the person shall pay the sum of $5; and

         (2)   A reasonable fee for room and board for each day, or fraction thereof, during which the dog or cat was impounded.

         (3)   After five days, the dog or cat may be destroyed or possession given to the Kokomo Humane Society.

         (4)   Divisions (A)(1), (A)(2) and (A)(3) of this section shall apply to any animal impounded under this chapter.

     (B)  Any animal impounded, for any reason, which appears to any duly licensed veterinarian to have any infectious or contagious disease, other than rabies, may be destroyed forthwith.

     (C)  Any person bitten by an animal must report the incident to the Health Department, who shall then notify the appropriate trustee.

     (D)  Any dog or cat apprehended and impounded for having bitten a person, being suspected of having bitten a person, or appearing to have rabies shall be kept under observation at the Kokomo Humane Society for a minimum of 10 days unless such dog or cat shall sooner die.  At the expiration of the 10 day period, the dog or cat may be redeemed by the owner or other person as provided in 90.08 of this chapter, upon showing that the dog or cat has a current license tag and rabies vaccination tag and by payment of the fees as forth in division (A) of this section; provided, however, home quarantine of an owned animal may be allowed by the Health Department.

(BCC Ord. 2000-55, passed 12-4-00)

90.08  OWNERSHIP.

    In the event any animal having been impounded, as required by this chapter except as stated in 90.07(D), whose owner fails to redeem the animal within the five day limit herein prescribed, the owner loses his or her right to ownership.  Ownership of the animal will be transferred to the Kokomo Humane Society for further disposition of the animal consistent with the established procedures of the Humane Society, as they may be amended from time to time.

(BCC Ord. 2000-55, passed 12-4-00)

  90.09  DISPOSITION OF MONIES COLLECTED.

     All monies or fines collected pursuant to this chapter shall be paid to the County Auditor and shall be deposited to the proper fund as set forth under I.C. 15-5-9-1 through I.C. 15-5-9-17.

(BCC Ord. 2000-55, passed 12-4-00)

  90.10  ENFORCEMENT.

     (A)   Enforcement of this chapter shall be by law suit initiated in the name of the county by the County Attorney or Assistant County Attorney; or

     (B)  In the alternative, if a dog is at large, unlicenced, a public nuisance or in any other way found to be in violation of this chapter, an authorized agent may issue to the owner of such animal an Information Complaint and Summons, setting forth the nature of the allegation along with a court date and time to appear and answer the allegation in Superior Court III.  The County Attorney or Assistant County Attorney shall prosecute such allegations on behalf of the county.

(BCC Ord. 2000-55, passed 12-4-00; Am. BCC Ord. 2001-56, passed 11-19-01)

§ 90.99 PENALTY.


(A) In lieu of impounding animal which is at large, unlicensed, a public nuisance, or in any other way found to be in violation of this chapter, a law enforcement officer or a humane officer may issue to the owner of such animal a notice of ordinance violation, or citation. Such notice shall impose upon the owner a penalty of $10 which may, at the discretion of the animal owner, be paid to the auditor’s office within 72 hours in full satisfaction of the assessed penalty. This penalty shall increase by $5 for each subsequent offence.
(B) Whoever violated any provision or this chapter shall, upon conviction, be subject to a fine of not more than $500. A separate offense shall be deemed committed on each day that a violation occurs or continues.

(BCC Ord. 1985-18, passed 10-15-85)

Cross-reference:
Ordinance Violations Bureau; civil penalties for dog ordinance violations, see § 10.98


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