As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
ANIMAL
means any living, nonhuman vertebrate creature.
ANIMAL CARE AND CONTROL DIVISION
means the animal care and control division of the Marion County Department of Public Safety.
AT LARGE
means not confined without means of escape in a pen, corral, yard, cage, house, vehicle or other secure enclosure, unless on a leash and under the control of a competent human being.
COLONY
means a group of one or more free-roaming cats, whether unmanaged or managed.
COLONY CARETAKER
means a person who provides food, water and shelter for free-roaming cats in a managed colony.
CRIME PREVENTION DOG
means and includes a dog which is trained and used by its owner or keeper primarily for the protection of persons or property, or both.
DANGEROUS ANIMAL
means any animal that:
(1) 
Would constitute a danger to human life or property if it were not kept in the manner required by this chapter; or
(2) 
Has caused serious injury to a person without having been provoked by that person; or
(3) 
At a place other than its owner’s or keeper’s property has:
(a) 
Chased or approached a person in a menacing fashion or apparent attitude of attack; or
(b) 
Attacked another domestic animal; or
(4) 
Because of its training or behavior, is capable of inflicting physical harm or death to humans.
DOG
means and includes animals of the Canis familiaris species, and hybrids of a Canis familiaris and any other member of the Canis and Vulpes genuses, including wolves and foxes.
DOMESTIC ANIMALS
means rabbits, cattle, horses, ponies, mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats and poultry.
EXPOSED TO RABIES.
An animal has been exposed to rabies if it has been bitten by or been in contact with any animal known or reasonably suspected to have been infected with rabies.
FREE-ROAMING CAT
means any homeless, stray, wild or untamed cat.
KENNEL
means a facility operated commercially and principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats, or both. For purposes of this chapter, KENNEL shall not include a facility in or adjoining a private residence where dogs or cats are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property shall not make such property a kennel for the purposes of this chapter.
LAW ENFORCEMENT ANIMAL
means an animal that is owned or used by a law enforcement agency for the purpose of aiding in the detection of criminal activity, enforcement of laws, the apprehension of offenders and ensuring the public welfare.
MANAGED COLONY
means a colony of free-roaming cats that is registered with the animal care and control division or its designee and is maintained by a colony caretaker using trap, neuter, return methodology.
MONITORED
means the animal or dog:
(1) 
Is controlled by means of a leash or other device held by a competent person, subject to the provisions of Marion County Ordinance Sections 531-401 and 531-728, which animal or dog is sufficiently near the owner or handler as to be under his or her direct control and is obedient to that person’s command; or
(2) 
Is on or within a vehicle being driven or parked; or
(3) 
Is confined as required by this chapter.
NONBITE EXPOSURE
means and includes scratches, abrasions, open wounds or mucous membranes contaminated with saliva or other potentially infectious material from a rabid animal.
OWN
means to keep, harbor or have custody, charge or control of an animal, and OWNER means and includes any person who owns an animal; however, veterinarians and operators of kennels, pet shops and stables, as those terms are defined in Marion County Ordinance Chapter 836, who temporarily keep animals owned by, or held for sale to, other persons shall not be deemed to own or be owners of such animals, but rather to be keepers of animals, and colony caretakers of managed colonies of free-roaming cats shall not be deemed to be owners or keepers of such animals.
PERSON
means and includes any individual, corporation, partnership or other association or organization, but shall exclude the following:
(1) 
Police officers, federal or state armed forces, park rangers, game wardens, conservation officers and other such governmental agencies, with respect to actions which constitute a discharge of their official duties; and
(2) 
An individual, partnership, corporation or other association, organization, or institution of higher education, which is registered as a research facility with the United States Secretary of Agriculture under 7 U.S.C. 2131 et seq., commonly known as the “Animal Welfare Act,” while engaged in the course of their performance as such.
PERSONAL KENNEL
means a facility in or adjoining a private residence where dogs or cats in excess of 10 animals total are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property may occur. This definition does not include the harboring or breeding of any animals for the sale or use in illegal activities.
POTENTIALLY DANGEROUS DOG
means any dog that:
(1) 
Causes injury to a person or domestic animal which is less severe than a serious injury; or
(2) 
Chases or menaces a person or domestic animal without provocation; or
(3) 
Runs at large in violation of Section 9.08.020(C)(2).
PROVOKE
means the infliction of bodily harm on the animal or another person, or conduct that constitutes a substantial step toward the infliction of bodily harm on the animal or another person.
PUBLIC SAFETY BOARD
means the Marion County Board of Public Safety of the Department of Public Safety.
QUARANTINING AUTHORITY
means the Department of Public Safety, its contractors, agents, employees and designees, acting under directives and regulations of the Health and Hospital Corporation of Marion County or the State Board of Animal Health.
SERIOUS INJURY,
for purposes of this chapter, means any injury which results in a broken bone, lacerations severe enough to require multiple sutures, or to render cosmetic surgery necessary or appropriate, or death.
SHELTER
means the animal care and control facility located at 2600 South Harding Street in the City of Indianapolis.
VETERINARIAN
means a person licensed to practice veterinary medicine in the state.
WILD ANIMAL
means and includes:
(1) 
A Class III wild animal for which a state permit is required for wild animal rehabilitation, possession of a relocated wild animal, or confining and enclosing wild animals under Fish and Wildlife statutes; and
(2) 
A venomous snake, poisonous amphibian, or other large reptile.
(Ord. 9.08 § 101, passed 11-16-2009)
(A) 
It shall be unlawful for the owner or keeper of an animal to cause, suffer, or allow that animal which is owned or kept by such person to be at large in the City.
(B) 
Except as provided in subsection (C) of this section, the first violation in any 12-month period shall subject the owner to an admission of violation and payment of a fine of not less than $25 or greater than $50, and all subsequent violations in a 12-month period are subject to a fine of not less than $100 or a maximum fine of not more than $200 per violation.
(C) 
If, while the animal is at large in violation of this section at a location other than its owner’s or keeper’s property, it:
(1) 
Attacks another animal; or
(2) 
Chases or approaches a person in a menacing fashion or apparent attitude of attack;
then the violation shall be subject to the enforcement procedures and the fine imposed shall not be less than $250, or $500 if another animal or person is injured as a result of the animal’s actions. Fines collected under this section shall be dispersed evenly (50% to each) between:
(3) 
The City of Southport as compensation for the administration of this chapter; and
(4) 
The injured person or the owner of the injured animal to offset any cost of medical treatment.
This section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at I.C. 15-5-12, et seq. or by common law.
(Ord. 9.08 § 102, passed 11-16-2009)
The owner or keeper of any female animal in heat kept in the City shall confine the animal within a secure enclosure and in such a manner as to prevent it from becoming a nuisance.
(Ord. 9.08 § 103, passed 11-16-2009)
It shall be unlawful for a person to keep swine on premises in the City of Southport, unless such premises are stockyards, slaughterhouses, or other premises where the keeping or raising of livestock is permitted by county zoning ordinances.
(Ord. 9.08 § 104, passed 11-16-2009)
(A) 
Purpose. The purpose of this section is to establish regulations for the keeping of chickens and other fowl on residentially zoned properties of Southport, Indiana. The section establishes standards and enforcement authority.
(B) 
Definitions.
CHICKENS
means the common domestic fowl (Gallus gallus domesticus) or its young.
CHICKEN RUN
means an outdoor enclosed or fenced area where chickens feed or exercise.
COOP
means a cage or roofed enclosure in which chickens are kept.
FOWL
means a domesticated or wild, heavy-bodied, largely terrestrial bird including pheasants, turkeys, grouse, peacock, and the common domestic chicken.
HEN
means a female adult chicken.
ROOSTER
means a male adult chicken.
(C) 
Standards for single-family residential and urban development zones. The keeping and raising of chickens shall be allowed on properties zoned single-family residential (RS) or urban development in Marion County subject to the following conditions and limitations:
(1) 
A resident of a single-family dwelling or duplex in the single-family residential or urban development zone may keep hens on the lot on which the resident resides.
(2) 
The maximum number of hens allowed shall be six.
(3) 
Hens are allowed only in a fully fenced rear yard.
(4) 
Hens shall be confined at all times within the coop, pen or chicken run, except when under the personal supervision of an owner or custodian.
(5) 
A coop shall not exceed 120 square feet in area or 10 feet in height.
(6) 
There shall be a minimum six square feet of run space per hen.
(7) 
A chicken coop shall be set back at least three feet from any building on the subject property and 25 feet from any neighboring property.
(8) 
Chicken feed must be kept secure from pests.
(9) 
All animal byproducts and waste must be collected and removed on a regular basis, allowing the storage of one sealed 20-gallon container.
(10) 
Roosters are prohibited.
(11) 
No sales of eggs, chickens, chicks, slaughtered chicks or chickens, or fertilizer are allowed.
(Ord. 9.08 § 105, passed 11-16-2009; Am. Ord. 9.08.050, passed 10-21-2024)
A person whose vehicle causes injury or death to a domestic animal in the City shall stop at once, assess the extent of the injury to the extent that it is safe to do so, and immediately notify the animal’s owner, if known, or the Marion County Animal Care and Control Shelter, either directly or through a local law enforcement agency, together with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained. Such person shall not be required to report his or her name, as the only purpose of this requirement is to aid the stricken animal and notify its owner, if any.
(Ord. 9.08 § 106, passed 11-16-2009)
It shall be unlawful for a person to allow the body, or parts thereof, of any dead animal to be kept, held, or disposed of in violation of this section, as follows:
(A) 
No public or private carrier shall either transport any dead animal through or into the City, or allow it to remain in or on any of its cars, vehicles, tracks or places controlled by it, in either instance longer than five hours;
(B) 
No person who operates a slaughterhouse, butcher shop or other place in the City shall permit any parts or offal of dead animals that are not fit and intended for use as food to accumulate or be kept on such premises for over 24 hours after being received, or after the death of such animal;
(C) 
No person shall skin, dismember, dissect, cut up or dispose of the body of a dead animal, or any parts thereof, in the City, unless the person is regularly engaged in such business of killing and disposing of such animals for use as food or otherwise, and is so authorized by law, or does so for the person’s own use; and
(D) 
No person shall possess, keep, use or dispose of anywhere in the City a dead animal or parts thereof, or offal of a live animal, in any manner that creates offensive odors or sights, or constitutes a public nuisance which affects health and comfort in any respect.
Exception: Subsection (D) of this section is not intended to prohibit the owner of a deceased domestic dog or cat from burying said animal upon their personal primary residential land parcel should they wish to do so.
(Ord. 9.08 § 107, passed 11-16-2009)
The Marion County Department of Public Works, upon request, may provide to persons or entities the service of picking up dead animal bodies and body parts and the lawful disposition of them. When the County Department of Public Works picks up dead animal bodies or parts from places other than the City streets and rights-of-way, it shall charge a fee of $6 per separate body part for this service. If the body is located on private property, this fee shall be paid by the property owner. If the body is on public property of the City of Southport, this fee shall be paid by the City of Southport.
(Ord. 9.08 § 108, passed 11-16-2009)
(A) 
It shall be unlawful for an owner or keeper of an animal to allow that animal to attack and injure a person who did not provoke the animal prior to the attack.
(B) 
It shall be a defense to prosecution under this section if:
(1) 
The attack occurred in an enclosure in which the animal was confined without means of escape, there was posted at the main entrance of the enclosure a notice to beware of the animal, and the person attacked entered the enclosure without invitation; or
(2) 
The person was attacked during the commission or attempted commission of a criminal act on the property of the owner or keeper of the animal.
(C) 
A person who violates any provision of this section shall be punishable as provided in Section 9.08.020(C); provided, however, a fine imposed for any such violation shall not be less than $500. If the violation results in the animal causing serious bodily injury to any person, the court upon request shall order the animal forfeited and/or destroyed.
(D) 
The liability imposed by this section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at I.C. 15-5-12, et seq. or by common law.
(Ord. 9.08 § 109, passed 11-16-2009)