(A) The Animal Control Officer (ACO) or other law enforcement officer is hereby authorized to declare an animal to be a dangerous animal.
(1) Written notice of such declaration shall be served personally upon the owner, or his or her authorized agent, or served by mailing the notice, by certified or registered mail, return receipt requested, upon the owner or his or her authorized agent.
(a) The notice shall be deemed effective three business days from date of depositing the notice in the United States mail.
(b) The notice shall indicate that the animal is declared to be a dangerous animal and shall designate the date, time, place, and purpose of a hearing before the Animal Control Commission.
(2) The Commission shall review the evidence and render a decision that reverses, in whole or in part, the decision of the ACO or law enforcement officer, or affirms a decision of the ACO or law enforcement officer that the animal is dangerous.
(a) Upon a finding that the animal is dangerous, the Commission may impose one or more of the conditions stated in division (F) of this section, or order the animal euthanized.
(b) A decision of the Animal Control Commission, if appealed, shall be appealed pursuant to I.C. 34-4-17.5.
(3) If an animal has been impounded and the owner fails to appear for hearing as set forth herein or ownership of the animal cannot be determined, after seven days the animal may be humanely euthanized pursuant to the rules and regulations of the animal shelter where the animal is impounded, without notice or further action by the Commission.
(B) The ACO or other law enforcement officer may impound the animal if the ACO or law enforcement officer determines that the animal is a dangerous animal and impounding the animal is necessary to protect the safety of the community or property.
(1) If the ACO or law enforcement officer has not already impounded the animal and determines that it should be impounded, the owner shall surrender the animal to the ACO or law enforcement officer immediately at their request.
(2) The animal shall be impounded as provided in this chapter, pending a decision by the Commission on the disposition of the animal or imposition of conditions referred to below.
(3) If not voluntarily surrendered to the animal control officer, a warrant or other court order shall be obtained for the ACO or other law enforcement officer to obtain immediate possession of the animal.
(4) No consent or court approval shall be required to obtain possession of the animal if the animal is not under restraint and is not on the property of the owner or his or her authorized agent.
(C) If the decision of the Commission, or the final decision of the courts upon appeal, is that the animal is dangerous, the owner shall be responsible for payment of any and all fees and costs associated with sheltering, feeding, treating, and otherwise caring for the animal while it is detained, plus any other costs incurred by the city for the apprehension and maintenance of the animal. These charges shall accrue until the animal is released or humanely euthanized.
(D) If the decision of the Commission or any final decision of the courts upon appeal is that the animal is not dangerous and should be released to the owner, then those charges, as provided herein, shall not be charged to the owner and shall be paid by the city.
(E) Where a dog is determined to be a dangerous animal, the Animal Control Commission, subject to judicial review, shall require its owner to register the dog with the animal shelter, and to provide prompt notification to the animal shelter and the city of any changes in the ownership of the animal; names, addresses and telephone numbers of new owners; any change in the health status of the animal; any further instances of attack; any claims made or lawsuits brought as a result of further instances of attack; or the death of the animal.
(F) The Animal Control Commission may impose upon the owner of a dangerous animal any one or more of the following requirements that it deems sufficient to prevent the risk of injury to any person. However, divisions (5), (6) and (11) below, or any one of them, may only be imposed where there is sufficient evidence that the animal has attacked or is a serious threat to attack a person without reasonable provocation. The animal shall be impounded at the owner's expense until the owner has complied with all directives imposed by the Commission. If, after seven days of the date of the Commission's order, the owner fails or refuses to comply with the directives of the Commission, the animal may be humanely euthanized pursuant to the rules and regulations of the animal shelter where the animal is impounded, without notice or further action by the Commission.
(1) Indoors, when not alone, the animal must be under the control of a person 18 years of age or older.
(2) Outdoors and unattended, the animal must be kept within a primary enclosure from which it cannot escape.
(3) When outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.
(4) When outdoors, the animal must be under the control of a person at least 18 years of age at all times, and kept on a leash, the length of which shall be in accordance with state law.
(5) When outdoors, the animal must be attended and muzzled. Such muzzle shall not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal. The muzzle must be made of nonmetallic material so as to prevent the muzzle from freezing to the animal.
(6) When outdoors and unattended, the animal must be confined to an escape-proof kennel of the following description:
(a) Such kennel shall allow the animal to stand normally and without restriction, and shall protect the animal from the elements.
(b) Fencing materials shall not have openings with a diameter of more than two inches, and in the case of wooden fences, the gaps shall not be more than two inches.
(c) Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the animal is confined to such kennel and unattended such locks shall be kept locked.
(d) The kennel may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
(7) Placement of a sign or signs of a description and in places directed by the Commission, advising the public of the presence and tendencies of the animal.
(8) Attendance by the animal and its owner/custodian at training sessions conducted by a certified applied animal behaviorist, board-certified veterinary behaviorist or other recognized expert in the field, and completion of training or any other treatment as deemed appropriate by such expert. The owners of the animal shall be responsible for all costs associated with the evaluation and training ordered under this section.
(9) Neutering or spaying of the animal at the owner's expense, unless medically contraindicated.
(10) That the animal be permanently identified by injecting an identification microchip at the animal shelter, using standard veterinary procedures and practices. The identification number and the identification of the person performing the procedure shall be registered with the animal shelter as indicated above.
(11) The procurement of liability insurance in an amount to be determined by the Commission, but in no case in an amount less than $500,000, covering the medical and/or veterinary costs resulting from future actions of the animal. This condition may not be imposed if it is shown that no such insurance is available for a reasonable premium.
(12) If any of the above conditions ordered by the Commission, subject to judicial review, are not complied with, the owner shall be subject to a fine of not more than $2,500.
(13) If a further incident of attack occurs under such circumstances that the dog is determined to be a dangerous animal, the Commission, subject to judicial review, may impose or re-impose any applicable directives listed above; additionally, the animal may be ordered humanely euthanized.
(14) Order the animal to be examined by a veterinarian to rule out an underlying treatable medical cause that may be causing the animal to be aggressive. Such examination shall be at the owner's expense.
(F) No person shall own, keep, or harbor a dangerous animal within the city, except for dangerous animals in compliance with the orders of the Commission as provided herein. This section shall not apply to animals under the control of a law enforcement or military agency, or a properly permitted circus demonstrating that the animals are in secure enclosures and monitored by trained individuals.
(Ord. 4-2011, passed 4-12-11; Am. Ord. 13-2011, passed 7-12-11)
