CHAPTER 90: ANIMALS
Section
Animals Generally
90.01 Definitions
90.02 Authority to Contract with Fort Wayne Animal Control Commission
90.03 Animal Control Regulations
90.04 Lost or Stray Animals
90.05 Biting Animals
90.06 Impoundment; Redemption
90.07 Inspections
Wild Animals
90.15 Definition
90.16 Administration and Enforcement
90.17 Keeping, Harboring and Sale of Certain Animals
90.18 Poisoning Animals
Dog and Cat Control
90.30 Definitions
90.31 Prohibitions and Regulations
90.32 Enforcement
90.33 Impoundment and Redemption
90.34 Applicability of Other Laws
90.35 Rabies Emergencies
Penalties
90.99 Penalties
ANIMALS GENERALLY
'90.01 DEFINITIONS
(A) Animal Control Shelter. The municipal facility established for the purpose of animal control care and disposition, as set forth in this Chapter, operated by and under the direct supervision of the Fort Wayne Animal Control Commission and the Executive Director of the Shelter.
(B) Person. A person, for purposes of this Chapter, shall be defined as an individual, firm, corporation or commercial establishment.
(C) Public Nuisance. Any animal which:
(1) Interferes with passersby or passing vehicles;
(2) Attacks other animals or persons;
(3) Strays upon school grounds;
(4) Is repeatedly at large or unrestrained;
(5) Damages private or public property; or
(6) Barks, whines, or howls or makes other sounds common to its species in excess.
[Ord. G-84-27, passed 12-11-84]
'90.02 AUTHORITY TO CONTRACT WITH FORT WAYNE
ANIMAL CONTROL COMMISSION
The Board of Public Works and Safety is authorized to enter into contracts with the Fort Wayne Animal Control Commission for the collection, transportation, sheltering and disposal by the Fort Wayne Animal Control Shelter of sick, deceased, injured, illegally at large, lost, strayed or abandoned animals.
[Ord. G-84-27, passed 12-11-84]
'90.03 ANIMAL CONTROL REGULATIONS
(A) Appropriate shelter. No person shall confine or allow his or her animal to remain outside without access to appropriate shelter from the elements.
(B) Hitching or tying. No animal shall be hitched, tied, or fastened by any rope, chain or cord that is directly attached to the animal's neck or choke collar. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness. The tying device shall be attached to the animal's collar or harness.
(C) Food and water. All animals shall have fresh, potable drinking water and be provided with food that is nutritional for that species.
(D) Vaccination; tags. Cats and dogs over the age of six months must be vaccinated by a licensed veterinarian against rabies, and must wear a tag at all times attached to a properly fitted collar or harness.
(E) Medical care, generally. All animals shall be provided with necessary medical care in addition to the required rabies vaccination.
(F) Removal of excrement. Persons responsible for an animal shall immediately remove the animal's excrement from public lands or from the property of another, except a blind person working with a guide dog.
(G) Sanitation. All animals, where kept inside or in a pen, tied, fastened, hitched, leashed, or enclosed in a fence shall be kept in a sanitary manner. The person responsible for the animal(s) shall regularly, and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact.
(H) Wild or exotic animals. No wild or exotic animal shall be kept within the City except as set forth in ''90.15 through 90.18 of this Chapter.
(I) Restraint. All animals shall be properly restrained as required by this Chapter.
(J) Cruelty. No person owning, harboring or responsible for an animal shall beat, cruelly treat, neglect, torment, overload, overwork, or otherwise abuse any animal.
(K) Fighting. No person shall permit or conduct any dog fight, cockfight, or other combat between animals or between animals and humans.
(L) Poisonous bait. No person shall set any type of poisonous substance or bait within the City limits except as set forth in '90.18.
(M) Motor vehicle-caused injuries. Any person operating a motor vehicle who causes injury or death to an animal shall stop at once, assess the extent of injury, and immediately notify the owner or Animal Control Shelter of the location of the animal.
(N) Animals in vehicles. No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
(O) Training methods. No animal may be inducted or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause or is likely to cause physical injury or suffering.
(P) Animals in heat. Every female dog or cat in heat shall be confined in a secure building or enclosure so as to prevent conception except during instances of planned breeding.
(Q) Abandonment. No person shall abandon or cause to be abandoned any animal anywhere within the City limits in any public or private place, way or building.
(R) Public nuisance animals. No person shall own or harbor a vicious animal except as set forth in ''90.15 through 90.18 of this Chapter.
(S) Vicious animals. No person shall own or harbor a public nuisance as defined in this Chapter.
(T) Animals as prizes or inducements. No person shall sell, offer for sale, trade, barter, or give away any live animal, fish, bird, or reptile as a prize for, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter any business establishment or enter into any business agreement whereby the offer was made for the purpose of attracting trade, for business other than establishments selling animals as their primary business.
(U) Puppies and kittens for sale or the like. No puppy or kitten which is under the age of eight weeks may be offered for sale, trade or for other compensation or for a free giveaway (except a puppy or kitten or litter or litters may be taken to the Animal Control Shelter).
(V) Dyed animals. No person shall sell, offer for sale, trade, or barter any animal whose appearance has been chemically altered by dyes or staining.
(W) Animals as novelties. No person shall sell, offer for sale, barter, or give away baby rabbits, chicks, goslings, ducklings, or other fowl as pets or novelties. This Section shall not be construed to prohibit the sale or display of baby rabbits, chicks, goslings, ducklings or other fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes.
(X) Distance of fowl coops from dwellings. No person shall keep or maintain any coop in which chickens, ducks, turkeys or other domestic fowl and poultry are kept within a distance of less than 50 feet from any dwelling.
(Y) Destruction of animals. No person other than a duly authorized agent of the Animal Control Shelter may destroy any domestic animal within the City limits; provided, however, this provision shall not apply to the following:
(1) A licensed veterinarian,
(2) Those persons acting in immediate self-protection,
(3) City Police Officers or firefighters acting to prevent undue suffering.
(4) A person while engaged in farming.
(Z) Noisy dogs. No person shall allow noisy dogs or cats, as more specifically set forth in ''90.30 through 90.35.
(AA) Interfering with enforcement. No person shall interfere with an Animal Control Officer in the pursuit of his/her duties as an officer.
(BB) Impoundment. Violations of the provisions of this Section may result in impoundment of the animal(s) in accordance with this Chapter.
[Ord. G-84-27, passed 12-11-84; Ord. G-94-8, passed 10-24-94]
'90.04 LOST OR STRAY ANIMALS
Persons finding a stray animal are to notify the Animal Control Shelter within 48 hours. At the discretion of the Shelter, the animal may be kept by the finder and a found report left with the Shelter, to enable the finder an opportunity to return the animal to its rightful owner. Upon demand by the Animal Control Shelter, any found animal will be surrendered to the Shelter and held for three working days, before a disposition is made. Persons finding an animal are obligated to comply with all rules and regulation of this Chapter pertaining to humane care and treatment of animals, while said animal is in their custody awaiting return to its actual owner.
[Ord. G-84-27, passed 12-11-84]
'90.05 BITING ANIMALS
(A) The person responsible for any animal which has bitten a person or another animal must report the incident to the Animal Control Shelter. Upon receiving the report of a bite, the Shelter will quarantine the animal for ten days with the place of confinement to be at the discretion of the Animal Control Shelter. During the quarantine period, the animal is to be securely confined and kept from contact with any other animal or person.
(B) No person other than an Animal Control Officer or veterinarian shall kill or cause to be killed any animal suspected of being rabid except in cases of immediate self-protection. If that occurs, the person will retain the body and immediately notify the Animal Control Shelter.
[Ord. G-84-27, passed 12-11-84]
'90.06 IMPOUNDMENT; REDEMPTION
(A) Grounds for and conditions of impoundment.
(1) Animals found in cruel, abusive or neglectful situations as defined in this Chapter may be promptly impounded if no immediate contact with a responsible person can be made; provided, however, that the Animal Control Officer shall leave written notice stating the location of the animal and the reason for impoundment.
(2) Animals so removed will be impounded and held at the Animal Control Shelter or designated facility until such time violator is in compliance with this Chapter; provided, however, that in no event shall this period exceed ten days, at which time the animal shall become the property of the Animal Control Shelter, or for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted.
(3) Animals waiting disposition by the courts shall remain in the custody of the Animal Control Shelter until such disposition is made or shall be placed in a foster home until legal arrangements have been completed.
(4) Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and/or care shall be the responsibility of the owner/agent.
(B) Redemption.
(1) A person may reclaim an animal in the custody of the Animal Control Shelter upon providing the following, as approved by the Animal Control Commission:
(a) Proof of ownership; and
(b) Payment of redemption fee and any other service/medical fees.
(2) Stray or at-large animals will be held three working days at the Animal Control Shelter.
(3) Unclaimed animals become the property of the Animal Control Shelter and may be placed for adoption or humanely euthanized.
[Ord. G-84-27, passed 12-11-84]
'90.07 INSPECTIONS
(A) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or State law, the Animal Control Officer, Health Officer or Police Officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this Chapter or any State law; provided that:
(1) If the property is occupied, the Officer shall first present proper credentials to the occupant and request entry explaining the reasons therefor; and
(2) If the property is unoccupied, the Officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor.
(B) In the event the Animal Control Officer, Health Officer, or Police Officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the Officer shall first present proper credentials and request entry explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the Officer shall have recourse to secure lawful entry and inspection of the property.
[Ord. G-84-27, passed 12-11-84]
WILD ANIMALS
'90.15 DEFINITION
Wild Animal. Any animal of a species which usually lives in the wild or usually is not domesticated.
[Ord. G-94-8, passed 10-25-94]
'90.16 ADMINISTRATION AND ENFORCEMENT
(A) The Board of Public Works and Safety shall have full responsibility for the enforcement of this Subchapter and shall have powers not limited to, but including, the following:
(1) Appointment, removal and regulation of a Humane Officer for the City.
(2) Contracting for animal control on any terms as the Board deems proper.
(3) Recommending to the local governing authority rules and regulations concerning the care and control of both animals and facilities covered by this Chapter.
(4) Review of the proposed budget and contracts for all animal control programs.
(5) Upon written complaint, the Board shall conduct a public hearing to determine if an animal shelter or commercial establishment is in violation of this Chapter.
(6) Recommending to the local governing authority necessary changes in the law regarding the control of animals.
(B) The provisions of this Subchapter shall be enforced by the Public Health Officer of the City, upon direction of the Board of Public Works and Safety.
[Ord. G-85-17, passed 8-13-85]
'90.17 KEEPING, HARBORING AND SALE OF CERTAIN ANIMALS
No person shall sell, harbor, keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to veterinary hospitals, commercial animal establishments, performing animal exhibitions or circuses. No person shall keep or permit to be kept any wild animal as a pet. The licensing authority shall have the power to release or order the release of any infant wild animal kept temporarily which is deemed capable of survival.
[Ord. G-85-17, passed 8-13-85]
'90.18 POISONING ANIMALS
No person shall expose any known poisonous substance, whether mixed with food or not, so that same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose on his own property, common rat or mouse poison mixed only with vegetable substances or unmixed.
[Ord. G-85-17, passed 8-13-85]
DOG AND CAT CONTROL
'90.30 DEFINITIONS
The words and phrases used in this Subchapter are herein defined and for the purpose of this Subchapter shall be construed as follows, except when otherwise expressly provided:
(A) Animal Control Shelter. The municipality owned facility established for the purpose of animal control, care and disposition operated by and under the direct supervision of the Fort Wayne Animal Control Commission and the Executive Director of the Shelter.
(B) Owner. The person having the right of property or custody of a dog or cat, or who keeps or harbors a dog or cat, or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
(C) Person. For the purpose of this Subchapter, shall be defined as an individual, firm, corporation or other commercial establishment.
(D) Public Nuisance. A dog or cat which:
(1) Interferes with passersby or passing vehicles;
(2) Attacks other animals or persons;
(3) Is repeatedly at large or unrestrained;
(4) Damages private or public property;
(5) Barks, whines or makes other sounds common to its species in excess.
[Ord. G-86-3, passed 2-11-86]
'90.31 PROHIBITIONS AND REGULATIONS
(A) Stray dog or cat. No person shall allow any dog or cat to stray beyond its premises, unless the dog or cat is under the reasonable control of some person. Animals must bear suitable markings, such as a microship, a collar, or other identification, that clearly and accurately identify the legal name of the animal owner.
(B) Abandoned dog or cat. No person shall abandon or cause to be abandoned a dog or cat anywhere within the City of New Haven, Indiana, in any public or private place, way or building.
(C) Public nuisance. No person shall harbor or own a public nuisance as defined in '90.30.
(D) Violations. Violations of the provisions of this Ordinance may result in the impoundment of the dog(s) or cat(s) in accordance with '90.33.
(E) Penalties. Violations of paragraphs (A) through (C) above shall result in a fine in accordance with '90.99(C).
[Ord. G-86-3, passed 2-11-86; Ord. G-02-1, passed 4-9-02]
'90.32 ENFORCEMENT
(A) Duty to enforce. It shall be the duty of the Officers of the Police Department to enforce the regulations established by this Subchapter.
(B) Procedure. Proceedings to enforce this Subchapter shall be governed by IC 34-4-32 as amended.
[Ord. G-86-3, passed 2-11-86]
'90.33 IMPOUNDMENT AND REDEMPTION
(A) Impoundment. Cats or dogs impounded pursuant to this Subchapter shall be impounded and held at the Animal Control Shelter in accordance with the rules and regulations governing the operation of the Shelter.
(B) Redemption. A person may reclaim a cat or dog in the custody of the Animal Control Shelter upon providing proof of ownership and payment of all redemption fees and any other service/medical fees charged by the Animal Control Shelter in accordance with the rules and regulations of the Animal Control Shelter.
(C) Stray or abandoned dogs or cats. Stray or abandoned dogs or cats will be held at the Animal Control Shelter for the period of time prescribed by the Shelter's rules and regulations.
[Ord. G-86-3, passed 2-11-86]
'90.34 APPLICABILITY OF OTHER LAWS
The provisions of this Subchapter supplement all laws of the State and all Allen County ordinances covering the same subject matter.
[Ord. G-86-3, passed 2-11-86]
'90.35 RABIES EMERGENCIES
(A) In the event the Board of Public Health of the City of New Haven, Allen County, or the State of Indiana, shall declare in writing that an emergency exists by reason of a rabies epidemic among dogs and other domestic animals requiring a quarantine for rabies, it shall be unlawful for the owner of any dog to allow the animal to roam at large on the streets, or places other than his own premises within the City, except as provided in (B) below.
(B) No dog shall be allowed beyond the premises of its owner unless the dog is:
(1) On a leash, controlled by some person physically able to prevent the animal from biting;
(2) Muzzled in such a manner as to make biting impossible; and
(3) Displaying a license tag, along with a tag showing that an anti-rabies vaccine had been administered to that particular animal within the last 12 months.
(C) It shall be the duty of the Humane Officer of the City and his assistants to enforce the provisions of this Section and to impound at the Animal Control Shelter all dogs at-large not conforming to this Section.
[Ord. G-84-27, passed 12-11-84]
PENALTIES
'90.99 PENALTIES
(A) (1) Violators of ''90.01 through 90.35 shall be fined not less than $50 nor more than $1,000.
(2) Each offense shall be considered a separate offense and subject to fine and/or other disposition as herein provided.
(3) In the event that an animal is retained at the Animal Control Shelter because its owner has been in violation of this Chapter, the person redeeming the animal by paying the fine shall also be subject to paying for medical bills incurred for routine shots for said animal.
(4) Violators, upon conviction, may be required to work at the Animal Control Shelter and/or participate in a humane education program if so recommended by the court.
(5) Each 24 hours that a violation occurs will be considered a separate offense and can be cited as such.
(6) Violations of this Chapter may result in immediate impoundment of animals.
(B) Whoever violates any provision of this Chapter, for which no other penalty may be provided, shall be fined not more than $500. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(C) For violation of '90.31(A), (b), or (C), the following fines shall be imposed by a court of competent jurisdiction in accordance with the procedures set forth by the laws of the State of Indiana, including IC 34-28-5 as amended:
(1) First offense: $75.
(2) Second offense within a one-year period: $100.
(3) Third or subsequent offense within a one-year period: The violator must appear in court and shall be fined not less than $100 and not more than $1,000.
[Ord. G-84-27, passed 12-11-84; Ord. G-85-17, passed 8-13-85; Ord. G-86-3, passed 2-11-86; Ord. G-02-1, passed 4-9-02]
