Title 6, of the Bluffton City Code
CHAPTER 6.04 DOGS AND OTHER ANIMALS
6.04.010 DEFINTIONS
A. as used in this chapter, “owner” means any person, firm or corporation, owning
Harboring or keeping an animal.
B. “At large” means off the premises of the owner and not under the control of the owner or some member of his immediate family or other authorized person either by leash or otherwise
6.04.020 ANIMALS RUNNING AT LARGE PROHIBITED
No person shall allow any animal under that person’s control or authority to run at large in the City.
6.04.030 IMPOUNDING OF ANIMALS
The police or animal warden shall impound any animal found running at large and shall keep it until redeemed or otherwise disposed of. The police or animal warden shall have the right to go upon private property to carry out the purpose of this chapter and to deputize others to assist them.
6.04.040 NOTICE OF IMPOUNDING
The police shall immediately give notice of impounding of any such animal to the owner, if known and if the owner can be found. A registry of impounded animals shall be kept with a general description of each animal. A copy of such registry shall be available at the animal shelter. Such shelter shall be open to inspection at reasonable times for owners to search for and to reclaim animals.
6.04.050 RELEASE OF ANIMAL
Any impounded animal may be redeemed by the owner thereof by payment to the Clerk-Treasurer of the fees hereinafter established provided, however, that no animal shall be released from the shelter unless the owner thereof shall present proof that such animal has been immunized for rabies within the twelve (12) months preceding its impoundment. When such proof is not available, the owner may advance the cost of immunization and any expense incidental thereto, and after such immunization has been accomplished, the animal may be redeemed and released upon payment of the fees provided. Any dog impounded shall bear current Indiana Dog License tags or such shall be purchased for said dog by the owner prior to being redeemed by the owner. After an animal has been held unredeemed at the shelter for a period of five (5) days, it may be disposed of by the animal warden by selling, or by surrendering it to some person who will provide the animal a suitable home, or by destroying it.
6.04.060 PROCEEDS OF
The proceeds from the sale of any impounded animal or fowl, after the payment of all costs, fees, and expenses, shall be paid into the City Treasury by the Chief of Police. The Clerk-Treasurer, upon proper evidence of ownership, shall pay the same to the owner of the animal or fowl sold. If no owner or proper claimant appears and makes such proof within six (6) months from the time the money was received, the Clerk-Treasurer shall turn the money so received into the general fund of the City and it shall become the property of the City.
6.04.070 ANIMAL SHELTER
The City shall maintain a suitable shelter for the safekeeping of the animals taken up. The Board of Public Works and Safety may contract with any person for the keeping, feeding, and caring of such animals on such terms as they shall deem proper, or such duty may be delegated to the police or animal warden.
6.04.080 FEES
Fees to be collected for impounding of animals shall be fixed from time to time by the Board of Public Works and Safety. To such fees may be added the reasonable cost of feeding and caring for such animal during the period of impoundment, as may be determined by the Board of Public Works and Safety.
6.04.090 BREACH OF SHELTER
No person other than the Chief of Police or some police officer delegated by him or the animal warden shall liberate any impounded animal. No the Chief of Police or some police officer delegated by him or the animal warden shall liberate any impounded animal. No person shall commit any breach of such shelter or interfere with the taking if animals by the Police or the animal warden.
6.04.100 ANIAML SHELTER
The Mayor shall appoint an animal warden who shall catch and impound any animal found running at large in the City.
6.04.110 VICIOUS ANIMALS
Any animal which has been bitten or attacked any person or any other domestic animal shall be considered vicious and must be kept under control at all times by its owner. No person shall keep or permit any vicious animal within the City unless such animal is secured by chain on the person’s premises or muzzled to prevent it from biting. Any vicious animal found running at large may be destroyed without attempting to impound the same.
6.04.120 HARBORING VICIOUS ANIMALS
Any animal owner whose animal has attacked a person or another domestic animal shall take such precautions as may be necessary to ensure that the animal does not roam off the owner’s premises and attack persons or animals. If a vicious animal continues to stray from its owner’s premises and control, thereby causing a risk to persons and animals, any city police officer or animal control officer may, by petition to a court of appropriate jurisdiction , request that the animal be taken into custody, following which the Court shall determine whether the animal is vicious and whether its owner’s refusal or inability to restrain it constitutes a threat to the to the health, safety, and welfare of the general public. If the Court determines that such a threat exists, it may make such orders as may be necessary to alleviate the danger, including the destruction of the animal in question. In the case of destruction ordered by the Court, the owner shall not be entitled to any compensation for the taking of the animal.
6.04.130 ANIMAL NOISES
No person shall keep within the City any animal which by loud and frequent barking, howling. Yelping or other animal noises disturbs the peace and quiet or annoys any citizens.
6.04.140 ANIAML NUISANCES
The following conditions are hereby declared to be nuisances within the meaning of this title, and no person having ownership or custody of any animal describes herein shall:
A. Fail to prohibit any animal from chasing people, automobiles or bicycles or streets or sidewalks.
B. Fails to prohibit any animal from destroying, defacing or damaging shrubbery, lawns, flowers, gardens or other property.
C. Keep any animal which kills or injures any domestic animal.
D. Fail to confine any female animal in heat in a closed building so that such animal cannot come into contact with another animal except for planned and supervised breeding.
6.04.150 MAXIMUM NUMBER OF ANIMALS
Not more than five (5) total dogs and/or cats, in any combination, over the age of six (6) months shall be kept in any home located on less than 14,520 square feet of real estate (113 acre) per dwelling in any area of the City zoned as residential. An additional dog or cat is allowed for every additional one thousand square feet in excess of 113 acre.
Dogs kept in kennels for breeding, boarding, or training purposes, or for sale shall not be counted for the purposes of this section so long as the owner is in compliance with all state and/or federal regulations regarding the keeping of such dogs and the licensing of the kennel.
6.04.160 POISONIOUS ANIMALS
No person shall keep or posses within the City any poisonous animal, reptile, amphibian, fish, insect or any other animal that poses a threat to the public health and safety. Such animal may be impounded by the Animal Warden or the Warden’s designee and disposed of in the manner determined to be in the best interest of the public health and safety and of the animal.
6.04.170 REMOVAL OF EXCREMENT
Persons exercising control of an animal, or the owner if the animal is running at large, shall immediately remove any excrement deposited by the animal on any public lands, including but not limited to streets, sidewalks, and parks. This section shall not apply to blind persons who are the owners, or in control of, a guide dog.
CHAPTER 6.08 OTHER ANIMALS
6.08.010 KEEPING ANIMALS OR SWINE
No person shall keep, feed, or maintain any cattle, horses, or swine of any kind within the City, except swine or cattle temporarily in shipping pens for shipment to market or elsewhere, or horses kept on tracts of land of five (5) acres or greater.
6.08.020 STABLES AND KENNELS
No person shall keep within the City any pig sty, kennel, stable or other animal pen or shelter in such a manner as to create or cause any offensive or noxious smell or condition, or maintain or use any such animal pen or shelter constructed in such manner as to permit the contents of filth therein to run or wash upon the premises owned or occupied by another or upon any street or other public place.
6.08.030 REMOVAL OF DEAD ANIMALS
Any person who becomes apprised of the death of any animal owned by him or her within the City shall, with six (6) hours thereafter, cause the same to be removed outside the limits of the City and buried, or disposed of so as not to become a nuisance.
When such animal is killed by any other person than its owner, if the person so killing it is known, the owner shall not be compelled to remove it as provided above, but it shall be removed by the person killing it.
6.08.040 SALES BARNS
It is unlawful for any owner or operator of any sales barn
within the City to keep within such sales barn any livestock or poultry before
A sales barn, for the purpose of this section, is a place where livestock is taken and held for sale at public auction.
6.08.050
A. It shall be unlawful for any person to sell or offer for sale raffle, offer or give as a prize, premium, or advertising device or display in any store, shop, carnival, or other place any chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially.
B. It shall be unlawful for any person to sell or offer for sale, raffle, or offer or give as a prize, premium, or advertising device, any chicks, ducklings, or goslings younger than four weeks of age in quantities of less than twelve birds to each individual person.
C. All stores, shops, vendors, and other offering chicks, ducklings, or goslings for ducklings, or gosling for sale, or raffle, or as a prize, premium, or advertising device, or displaying chicks, ducklings, or gosling to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or goslings in good health, shall keep adequate food and water available to the birds at all times.
6.08.060 SHOD ANIMALS PROHIBITED OF WALKWAYS
No person shall permit a shod animal to travel on the asphalt, concrete, or stone apron, on or along the sidewalk, pedestrian walkway, hiking, biking, or jogging path (including but not limited to the Rivergreenway Trail) or on any publicly owned property on which signs prohibited the travel of shod animals are displayed.
CHAPTER 1.08 GENERAL
PENALTY
Sections: 1.08.010 General penalty
Any person violating any of the provisions or falling to
comply with any of the mandatory requirements of the ordinances of the City of
Indiana State Laws
regarding Animals
IC 15-2.1-21-8
A person responsible for livestock or poultry who knowingly or intentionally permits the animal to run at large commits a Class B misdemeanor.
IC
Livestock Killing Dogs
IC 15-5-7-1
If a dog kills or injures any livestock while the livestock is in the care, custody, and control of the livestock’s owner or his agent, the owner or harborer of the dog is liable to the owner of the livestock for all damages sustained, including his reasonable attorney’s fees and the court costs; if the appropriate dog tax has not been paid on the dog, triple damages may be awarded.
IC 15-5-7-2
Anyone may, with the consent of the person in possession of real estate on which a dog is found, kill the dog if he has observed the dog in the act of killing or injuring livestock.
Offenses Relating to Animals
IC 35-46-3-1
Sec.1. A person who knowingly or intentionally harbors a dog that is over the age of six (6) months and not immunized against rabies commits harboring a non-immunized dog, a Class C infraction. However, the offense is a Class B misdemeanor if the dog causes bodily injury by biting a person.
IC 35-46-3-3
As used in this chapter, “animal” does not include a human being.
IC 35-46-3-4
As used in this chapter, “animal fighting contest” means a conflict between two (2) or more animals. The term does not include a conflict that is unorganized or accidental.
IC 35-46-3-4.5
(a) As used in this chapter, “law enforcement animal” means an animal that is owned or used by a law enforcement agency for the principle purposes of:
(1) aiding in:
(A) the detection of criminal activity;
(B) the enforcement of laws; and
(C) the apprehension of offenders; and
(2) ensuring the public welfare.
(b) The term includes, but is not limited to, the following:
(1) A horse.
(2) An arson investigation dog.
(3) A bomb detection dog.
(4) A narcotic detection dog.
(5) A patrol dog.
(6) A search and rescue dog.
(7) A tracking dog.
IC 35-46-3-5
(a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:
(1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22
(2)
Conduct authorized under IC
(3) Veterinary practices authorized by standards adopted under IC 15-5-1.1-8.
(4) Conduct authorized by a local ordinance.
(5) Acceptable farm management practices.
(6) Conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act, IC 15-2.1-24, and rules adopted under IC 15-2.1-24 for state or federal inspected livestock slaughtering facilities.
(7) A research facility registered with the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seg.).
(8) Destruction of a vertebrate defined as a pest under IC 15-3-3.6-2(22).
(b) Section 1 of this chapter applies to conduct described in subsection (a).
(c) Destruction of an animal by electrocution is authorized under this section only if it is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department of Agriculture under the Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC 15-2.1-5-1, a research facility licensed by the United States Department of Agriculture, a college, or university.
IC 35-46-3-6
(a) This section does not apply to a violation of section 1 of this chapter.
(b) Any law enforcement officer or any other person having authority to impound animals who has probable cause to believe there has been a violation of this chapter or IC 15-5-12-3 may take custody of the animal involved.
(c) The animal shall be properly cared for pending
disposition of charges under this chapter or IC
(d) If the owner requests, the court having jurisdiction of
criminal charges filed under this chapter or IC
(e) This subsection applies only to livestock animals. Whenever charges are filed under this chapter, the court shall appoint the state veterinarian under IC 15-2.1-2-50 or the state veterinarian’s designee to:
(1) investigate the condition of the animal and the circumstances relating to the animal’s condition; and
(2) make a recommendation to the court under subsection (f) regarding the confiscation of the animal.
(f) The state veterinarian or the state veterinarian’s designee who is appointed under subsection (e) shall do the following:
(1) Make a recommendation to the court concerning whether confiscation is necessary to protect the safety and well-being of the animal.
(2) If confiscation is recommended under subdivision (1), recommended a manner for handling the confiscation and disposition of the animal that is in the best interests of the animal. The state veterinarian or the state veterinarian’s designee who submits a recommendation under this subsection shall articulate to the court the reasons supporting the recommendation.
(g) The court:
(1) shall give substantial weight to; and
(2) may enter an order based upon a recommendation submitted under subsection (f).
(h) If a person is convicted of an offense under this
chapter or IC
(1) A requirement that the person pay the costs of caring for an animal involved in the offenses that are incurred during a period of impoundment authorized under subsection (b).
(2) An order terminating the person’s right to possession, title, custody, or care of an animal that was involved in the offense.
(i) If a person’s right to possession, title, custody, or care of an animal is terminated under subsection (h), the court may:
(1) award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals; or
(2) order the disposition of the animal as recommended under subsection (f).
IC 35-46-3-7
A person having a vertebrate animal in the person’s custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class B misdemeanor.
IC 35-46-3-8
A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Class A misdemeanor.
IC 35-46-3-9
A person who knowingly or intentionally:
(1) promotes or stages an animal fighting contest;
(2) uses an animal in a fighting contest; or
(3) attends an animal fighting contest having an animal in the person’s possession; commits a Class D felony.
IC 35-46-3-10
A person who knowingly or intentionally attends a fighting contest involving animals commits cruelty to an animal, a Class A misdemeanor.
IC 35-46-3-11
(a) A person who knowingly or intentionally:
(1) strikes, torments, injuries, or otherwise mistreats a law enforcement animal;
or
(2) interferes with actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer’s duties; commits a Class A misdemeanor.
(b) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or discipline; and
(2) acted as an employee or agent of a law enforcement agency.
(c) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court may order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of:
(1) veterinary bills; and
(2) replacement costs of the animal if the animal is disabled or killed.
IC 35-46-3-11.5
(a) As used in this section, “service animal” means an animal that a person who is impaired by:
(1) blindness or any other visual impairment;
(2) deafness or any other aural impairment;
(3) a physical disability; or
(4) a medical condition; relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person’s medical condition.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a service animal; or
(2) strikes, torments, injures, or otherwise mistreats a service animal; while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A infraction.
(c) It is a defense that the accused person:
(1) engaged in a reasonable act training, handling, or disciplining the service animal; or
(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.
IC 35-46-3-12
(a) A person who knowingly or intentionally tortures, beats, or mutilates a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if the person has a previous, unrelated conviction under this section.
(b) It is a defense to a prosecution under this section that the accused person:
(1) reasonably believes the conduct was necassry to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person from destruction or substantial damage; or
(C) prevent a seriously injured vertebrate animal from prolonged suffering or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
IC 35-50-3-2
A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000)
IC 35-50-3-3
A person who commits a Class B misdemeanor shall be imprisoned fro a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000)
IC 35-50-3-4
A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).
While the
