The provisions of this article shall be supplemental to the other provisions of this chapter which pertain to dogs or cats.
(Ord. 9.08 § 201, passed 11-16-2009)
(A)
A person who owns a dog or cat in the City shall ensure that each dog or cat owned by that person bears a permanent means of identification at all times, such that the owner of a lost or stolen dog or cat can be ascertained quickly and easily.
Exceptions:
(B)
The means of identification required by this section shall be in addition to any tags required to be worn by dogs or cats by state law or other provision of this code, and shall be either by means of:
(1)
A microchip implanted in the dog or cat or animal which bears a registered identification number, and which can be read by a standard microchip scanner; or
(2)
A permanent tag attached to a durable collar worn at all times by the dog or cat, and bearing the owner’s current name, address and telephone number. To help assure the safety of the cat, it is recommended that collars placed upon cats be of a “break-away” safety type.
(C)
Each veterinarian or other person in the City who implants microchips as contemplated in this section shall, at an interval of not less than once each month, send to the County Animal Care and Control Division the names, addresses, and phone numbers of the owners of the dogs and cats, and the corresponding microchip identification numbers. Such records shall be available to the County Animal Care and Control Division without court order.
(D)
It shall be unlawful for a person to own a dog or cat three months of age or older which is kept in the City, and which does not bear a permanent means of identification as provided in this section. A violation of this section shall be subject to a fine imposed for any such violation that shall not be less than $50 or greater than $100.
(Ord. 9.08 § 202, passed 11-16-2009)
(A)
No person knowingly shall allow a dog which is kept by that person to defecate on a public street, byway, municipally owned or public land or building, or upon private property, in the City without the prior permission of the owner of such property; however, if an animal defecates on property described in this subsection, the animal’s owner or keeper shall promptly remove any feces to a waste container, or otherwise dispose of such material in a manner inoffensive to reasonable public sensibilities.
(B)
Notwithstanding the provisions of subsection (A) of this section, the owner of a dog serving a vision-impaired person in an auxiliary ocular capacity or in any capacity to assist such person with a physical impairment may permit such dog to relieve itself on ground situated outside of pedestrian or vehicular traffic ways, and is relieved of the requirement to remove any feces to the extent such requirement is impractical for a person of such impairment.
(C)
No person shall knowingly allow his or her dog to disperse waste material placed for public or private collection upon any public street, or byway or right-of-way, or any municipally owned or public land or building, or upon private property.
(D)
A person who violates any provision of this section shall be subject to a fine imposed for any such violation that shall not be less than $25.
(Ord. 9.08 § 203, passed 11-16-2009)
(A)
It shall be unlawful for a person to own or keep any animal which by frequent or habitual howling, yelping, barking, screeching, other vocalization or otherwise shall cause serious annoyance or disturbance to persons in the vicinity.
(B)
A person who violates any provision of this section shall be subject to a fine imposed for the first such violation that shall not be less than $25; subsequent or continued violations may also subject the owner to impoundment of the animal by a person having authority to impound such an animal.
(Ord. 9.08 § 204, passed 11-16-2009)
It shall be unlawful for a person to provide food, water or shelter to free-roaming dogs or cats. People feeding cats are to be referred to the TNR designee for assistance.
Exceptions:
(A)
The cats are members of a managed colony as defined within this chapter and registered with the County Animal Care and Control Division or its designee; and
(Ord. 9.08 § 205, passed 11-16-2009)
(A)
It shall be unlawful for a person to make use of a dog in the commission or furtherance of any criminal act in the City.
(B)
When a law enforcement officer believes a dog is being used in the commission or furtherance of any criminal act in the City, the dog shall be taken, transported to the animal care and control facility and retained there until such time as the court findings are final in regard to the charges brought against the owner. The owner shall be responsible for reasonable fees associated with the care of the animal during the holding period. These fees shall be paid prior to the release of the animal back to the owner.
(C)
A person who is found guilty of violating this section shall be subject to a fine imposed for any such violation that shall not be less than $500.
(D)
Upon a finding of violation, the court shall order the dog forfeited and:
(1)
Be destroyed, should the training and/or temperament of the dog be such that it constitutes a public safety concern; or
(2)
Be destroyed, should the training and/or temperament of the dog be of such a nature that future use of the dog in criminal activity is likely; or
(3)
Be adopted to a new owner; or
(4)
Be destroyed should a new owner not be found in the customary time allotted for adoption.
(Ord. 9.08 § 206, passed 11-16-2009)
(A)
It shall be unlawful to leave a domestic animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
(B)
It shall be unlawful for any domestic animal to ride in the bed of a pickup truck on public streets, highways and/or rights-of-way unless the animal is securely caged and protected from the environment or unless the bed of the pickup truck is enclosed with a camper shell or other device and there is appropriate and sufficient ventilation.
(C)
It shall be unlawful for any domestic animal to be left unattended in a vehicle in such a manner that the animal could have access to exit the vehicle or bite or injure persons outside the vehicle.
(Ord. 9.08 § 207, passed 11-16-2009)
(A)
Persons finding a stray animal are to notify the Marion County Animal Care and Control Division within 48 hours. At the discretion of the Division, the animal may be kept by the finder and a found report left with the Division, to enable the finder an opportunity to return the animal to its rightful owner.
(B)
Upon demand, by the Animal Care and Control Division, any found animal will be taken to an appropriate facility and scanned for an identifying microchip.
(C)
Persons finding an animal are obligated to comply with all the rules and regulations of this chapter pertaining to the humane care and treatment of animals while said animal is in their custody awaiting return to its actual owner.
(D)
With the exception of the Humane Society of Indianapolis or other humane and/or breed rescue organizations recognized by the Marion County Animal Care and Control Division, the finder will be considered the found animal’s owner for purposes of this chapter only after the animal is in the finder’s custody for 30 continuous days.
(Ord. 9.08 § 208, passed 11-16-2009)
(A)
The Marion County Animal Care and Control Division or its designee, in order to encourage the stabilization of the free-roaming cat population in the City, may:
(1)
Trap any free-roaming cat in a humane manner;
(2)
Have the cat surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed veterinarian; and
(3)
Release the cat to Animal Care and Control for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of free-roaming cats.
(B)
The enforcement authority may impound free-roaming cats that are believed to be in violation of this chapter and dispose of the cats as described elsewhere in this code. Any free-roaming cat impounded by the enforcement authority that bears an appropriate ear-tipping indicating it belongs to a managed colony may, at the discretion of the Marion County Animal Care and Control Division, be returned to its managed colony unless illness or injury present an imminent danger to public health or safety.
(Ord. 9.08 § 209, passed 11-16-2009)
(A)
Colony caretakers shall abide by standard guidelines devised by the Marion County Animal Care and Control Division or its designee regarding the provision of food, water, shelter and veterinary care for cats within the managed colony.
(B)
Colony caretakers shall have a licensed veterinarian evaluate the health of all trapped free-roaming cats. Seriously ill or injured cats with no reasonable prognosis for humane rehabilitation for survival outdoors will be humanely euthanized.
(C)
A person who violates any provision of this section shall be subject to a fine imposed for the first such violation that shall not be less than $25; subsequent or continued violations may result in caretaker’s removal from management of the managed colony, or the designee’s removal from the program.
(Ord. 9.08 § 210, passed 11-16-2009)
(A)
A person who holds more than four dogs or cats as a paid service provider of welfare for the animals for the owner for the purpose of training, breeding or care during the absence of the owner for over three consecutive days shall obtain a professional kennel license from the City of Southport.
(1)
Exception: Veterinarian clinics licensed to operate by the state of Indiana.
(C)
All kennel licenses shall expire on January 1 of each calendar year and the holder of the license shall receive notice of renewal from the City of Southport.
(Ord. 9.08 § 211, passed 11-16-2009)
(A)
Each kennel, both professional and personal, as a requirement of permit renew, shall schedule an inspection of the facilities when applying for the permit renewal.
(B)
The facility inspection shall be scheduled at a reasonable time and shall be performed by a designated City employee or other individual designated by the City administration.
(Ord. 9.08 § 212, passed 11-16-2009)
(A)
Kennels found to be in violation of the standards shall receive an inspection report describing the violations found within 10 days of the inspection.
(B)
The owner/operator of the kennel shall correct the violations within 30 calendar days of receipt of the inspection report.
(C)
A copy of the inspection report shall be filed with the Board of Public Safety at the first Board meeting after the inspection.
(Ord. 9.08 § 213, passed 11-16-2009)
The holder of a kennel license shall pay a renewal fee and an inspection fee as prescribed by the City of Southport.
(Ord. 9.08 § 213, passed 11-16-2009)
(A)
All kennels shall provide conditions consistent with Article IV of this chapter.
(B)
Should conditions be found to be seriously detrimental to the health, safety and welfare of the animals or could lead to the imminent deaths of the animals, the Marion County Department of Animal Control shall be notified immediately.
(C)
Should the owner/keeper of the kennel disagree with the findings contained in the inspection report, he/she may file a challenge in writing to the Board of Public Safety.
(Ord. 9.08 § 214, passed 11-16-2009)