County Commissioner Ordinance-May 2009-1.
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Ordinance No. 2009-1
An Ordinance Regarding the Control and Disposition of Animals
in Gibson County, Indiana
Whereas; there exists in Gibson County, Indiana, a need for an
ordinance for the control and maintenance of certain animals for the eeneral.
health, safety and welfare of the citizens of Gibson County; and v
Whereas, the Gibson County Board of Commissioners is empowered
to enact ordinances for the benefit of the health; safety, and ���elfare of
Gibson County and its citizens.
Now therefore, be it ordained by the Board of Commissioners of
Gibson County, Indiana as follows:
Section 1. Definitions
A. Animal: The term "animal" �;�hen used in this ordinance shall mean any
living, domestic creature; including fowl, mammals and reptiles, except
human beings.
B. Domestic AnimaL• The term "domestic animal" when used in this
ordinance shall mean any tame animal associated �vith family life or
accustomed to life in or near the habitation of persons.
C. Owner: The term "owner" when used in this ordinance means any
person, partnership, or corporation owning, keeping or harborine animals.
D. Animal Control Officer: The Animal Control Officer refers to the staff
members on the Animal Shelter.
E. Affidavit of Complaint: The term "Affidavit of Complaint" shall mean a
�vritten swom statement of complaint.
F. Dangerous Animal: The term "dangerous animal" shall mean any animal
which presents a substantial threat of bodily harm to any person or pet in its
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vicinity or if it �vere to escape its primary enclosure or escape from the
control of its o�vner or custodian. �^� �'°*°���^*�^� �^ «� ,.° -��a° F �m
Past acts of aggressive behavior shall justify the determination that it is a
dangerous animal. A doe's breed shall not be considered in determinin2
�vhether or not it is daneerous.
G. Adequate Care: The term "adequate care' shall mean the provision of
sufficient, food, water; shelter, sanitary conditions, and veterinary medical
attention in order to maintain an animal in a"state of eood health".
H. Neglect:
properly care
jeopardized.
The term "neglecY' shall mean to fail to sufficiently and
for an animal to the estent that the animal's health is
I. Shelter: The term "shelter" shall mean adequate protection from the
elements and weather conditions suitable for the age, species, and physical
condition of the animal so as to maintain the animal in a state of good health.
Shelter for livestock includes structures or natural features such as trees or
topoeraphy, and for a dog includes 1 or more of the following:
1. The residence of the dog's owner or other individual.
2. A doehouse that is an enclosed structure with a roof and of
appropriate dimensions for the breed and size of the doe. The
doghouse shall have dry beddine when the outdoor temperature is or
is predicted to drop below freezing.
3. A structure, including a garage, bam or shed that is sufficiently
insulated and ventilated to protect the dog from exposure to extreme
temperatures or, if not sufficiently insulated and ventilated; contains a
do2house as provided under subparagraph (2) that is accessible to the
do�.
J. State of Good Health: The term "state of eood health" shall mean
freedom from disease and illness and in a condition of proper body weight
and temperature for the age and species of the animal, unless the animal is
undergoing appropriate treatment.
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K. At Large: The term "at large" shall mean any animal that is:
1. Not on a leash and is off the property of its owner, its owner's
agent or its keeper;
2. On a leash that does not adequately confine the animal to the
property of its owner; its owners agent or its keeper; or
3. On a leash that is not othenvise under the immediate control of a
person physically capable of restraining the animal.
Section 2
No person shall own, possess or harbor any animal that is dangerous.
Section 3
No person shall permit any animal to run at large, or keep; possess or
harbor any animal which by loud and frequent howling, or other noise, or by
entering property other than that of the owner, causes annoyance or
disturbance to any person in Gibson County, Indiana unless the animal is
under the reasonable control of its owner or keeper or some individual
authorized by him or her or unless engaged in la���ful hunting accompanied
by the o«mer or custodian of said animal or running on forested or
aericultural land or with the permission of the land o�vner.
Section 4
Upon determination by an Animal Control Officer ���ith an Affidavit
of Complaint; that an animal is being permitted to run at large or causes
annoyance or disturbance to any person said Animal Control Officer may
issue a violation citation. Said violation citation shall be administered
through the Administrative Court of the Gibson County Commissioners.
Any person who is found to have violated any provisions of this
ordinance shall on first offense be issued a written warning, shall on second
offense, per occurrence, be fined in the amount not to exceed fifty dollars
(�50.00); on third offense, per occurrence, be fined in an amount not to
exceed one hundred dollars (�100.00) and on any fourth or subsequent
offense, per occurrence, to be fined in an amount not to exceed two hundred
dollars (�200.00). Occurrences will accrue on a hvelve month rolling
calendar.
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Any person who fails refuses or neglects to pay said fines may be
summoned to appear before the Gibson County Commissioners' Court for
hearing.
Section 5
If witnessed by the Animal Control Officer that an animal is beine
permitted to run at large and no animal custodian or o�vner can be located to
confine the animal, the Animal Control Officer shall impound the animal.
Unless the animal is an unknown stray; the Animal Control Officer will
leave a notice of impoundment for the o��mer or custodian. This notice ���ill
give the owner or custodian of the animal the information needed to claim
the animal at Gibson County Animal Services Shelter. Gibson County
Animal Sen�ices shall maintain impounded animals for a minimum of ten
(10) days, so long as space allows and the animal is healthy. If the animal
has been so seriously injured it can not recover or is suffering from a serious
disease, the Animal Service may have to destroy the animal in a humane
manner. If the animal is not claimed within the ten day time period, Gibson
County Animal Services shall destroy it in a humane manner or place the
animal up for adoption.
Section 6
An animal claim fee and maintenance fee �vill be chareed to the owner
for any such animal and the rate for maintenance �vill be dependant upon the
type of animal and type of care needed to provide the animal with adequate
housing food, medicine and/or veterinary care.
Section 7
A. The Animal Control Officer shall not release any impounded animal to
an o�vner «�ithout the o�vner showing proof of a current rabies vaccination.
If no proof of vaccination can be provided an o���ner will be required to
purchase an owner claim rabies voucher for twenty-five dollars ($25.00)
�;�hich can be taken to any veterinary clinic. This voucher will be active for
a ten day period.
B. Gibson County Animal Services shall impose the following fee for
owners of impounded animals claimed.
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1. T«�enty-five dollars (�25.00) for the first offense.
2. Thirty-five dollars (�35.00) for the second offense.
3. Forty-five dollars (�45.00) for the third offense.
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4. After the third offense, the animal shall not be released to the
o«mer.
5. After the first offense, Gibson County Animal Services shall be
authorized to impose a fee of ten dollars (� 10.00) for each day the
animal is boarded, beginnine on the second day of impoundment, in
addition to claim fees.
6. Gibson County Animal Services shall have authority to require
identification tags to be placed upon the impounded animal at a cost
of two dollars (�2.00) to the owner per tag.
7. All fines and fees paid to Gibson County Animal Services are to be
used to defray the expenses of operating the Gibson County Animal
Services shelter.
Section 8
An o«�ner, possessor, or person having the charge or custody of an
animal shall not do any of the following:
A. Fail to provide an animal adequate care.
B. Abandon an animal or cause an animal to be abandoned, in any
place, without makine provisions for the animal's adequate care;
unless premises are vacated for the protection of human life or the
prevention of injury to a human.
C. Negligently allow any animal, including one «�ho is aged,
diseased, maimed, hopelessly sick, disabled or non-ambulatory to
suffer unnecessary neglect, torture or pain.
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D. Tether a doe unless the tether is at least 3 times the leneth of the
dog as measured from the tip of its nose to the tip of its tail and is
attached to a harness or non-choke collar desiened for tetherin2.
E. Leave an animal unattended in a vehicle when conditions in that
vehicle would constitute a health hazard to the animal.
F. Fail to confine in a secure buildin2 or enclosure a female domestic
animal in heat so as to prevent conception except durine instances of
planned breeding.
G. Vaccination required —No o�vner or custodian of any dog; cat or
ferret shall keep, maintain, or harbor the animal unless the animal has
been vaccinated by a licensed veterinarian �vith anti-rabic vaccine of a
type approved by the State Board of Health. The anti-rabic
vaccination of the animal shall be repeated every one to three as
applicable to the vaccine. In no case shall more than three years elapse
between each vaccination. All dogs, cats and ferrets shall be
vaccinated for rabies as required by state statute. A licensed
veterinarian shall provide such vaccinations.
Section 9-Re�ulation of daneerous animals
1. Pursuant to a preponderance of the evidence an animal may be declared
as a dangerous animal if there has occurred two (2) serious unprovoked
attacks to a person or another animal while runnine at large.
2. The follo�ving conditions maybe imposed on an owner of an animal
deemed a daneerous animal.
A. Indoors, ���hen not alone, the animal be under control of a person
eighteen (18) years or older.
B. Outdoors and unattended, the animal be kept within a locked
fenced area from which it can not escape.
C. When outdoors the animal must be attended and kept within a
locked area from �vhich it can not escape.
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D. When outdoors the animal must be attended and kept on a leash no
loneer than six (6) feet and under the control of a person eighteen (18)
years of age or older.
E. 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 a person or animal. The
muzzle must be made of non-metallic material so as to prevent the
muzzle from freezine to the animal.
F. Placement of "Beware of Dog" signs on the property.
G. An animal may not be declared "dangerous":
1. If the animal �vas protecting or defendine a person �vithin the
imminent vicinity of the animal from an attack or assault.
Section 10
2. If at the time the recipient of the attack was committing a
crime or offense upon the property of the owner or custodian of
the animal.
3. If the recipient of the attack �;�as teasing, tormenting,
abusing or assaulting the animal on its own property or in the
past had teased, tormented, abused or assaulted the animal.
4. If the animal �vas attacked or menaced by another animal, or
the animal attacked �vas on the property of its owner or
custodian.
5. If the animal was responding to pain or injury, or protectine
itself, iis kennels, its offspring or o��mer or custodians property.
6. Neither gro�vling nor barking, nor both shall alone constitute
grounds upon which to find an animal to be dangerous.
7. An animal deemed "dangerous" that is not under restraint
and cannot be safely captured by Animal control Officers and
impounded may be slain by Law Enforcement.
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This ordinance supersedes Ordinance 2002-2 and repeals 2004-5.
Ii�I WITNESS WHEREOF the Board of Commissioners have adopted this
ordinance this,� day of y%%y , 2009.
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GiBSON COUNTY COMMISSIONERS
��T��-o
OB TOWNSEND, President
�"//i��/ �!%�G��c`L
G RALD BLEDSOE. Vice President
&��-t-�� /,/��� J��-.e;-t�
DON WHITEHEAD
ORDINANCE NO. 2000-2 Repealed this .S� day of 5�1� 2009
ORDINANCE 1\'O. 2004-5 Repealed this� day of�!'��u� 2009
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