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County Commissioner Ordinance - January 2012 (2).' . ' 2012000Dn548 Filed Por Record in GISSOH COUNiYe IHUTANA �. DE62IE S UETHINGTOHr �'ECORDER 42-�i-2012 At 11=23=36 an. CDUNTY DRD .00 GIBSON COUNI'Y COMMZSSIONERS Instrunent PG 1 OF E 201ZOD�J00548 ORDINANCE NO. 2012 - 1 AMENDMENT TO ORDINANCE NO. 2009-1 AN ORDINANCE REGARDING THE CONTROL AND DISPOSITION OF ANIMALS IN GIBSON COUNTY, INDIANA WHEREAS, there exisi.s in Gibson County, indiana, a need for an ordiaance for the concrol and maintenance of certain animals for the general, health, safety and welfare ot the citizens of Gibso:! Cour:�y; and WHEREAS, �he Gibson Couni.y Board of Co:nmissioners is empowered to enacr ordinances for the benefit oL the health, safety and weliare of Gibson County and its citizens. NOw THEREFORE, be it ordained by the Board of Commissioners of Gibson County, Indiana, as fo1_lows: SECTION I. DEFINITIONS: A. ANIMALS: The term "animal" when used in this ordinance shall mean any living, domestic creature, including fowl, mammals and rep�iles, except human beings. B. DOMESTIC ANIMAL: The term "domestic animal" when used in this o-dinance shall mean any tame animal associated with 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 harboring animals. D. ANIMAL CONTROL OFFICER: The Animal control Officer refers to the staff inembers on the Animal Shelter. E. AFFIDAVIT OF COMP�INT: The Term "Affidavit of Complaint" shall mean a wr:tten sworn 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 vicinity or if it were to escape its primary enclosure or escape from the control of its owner or cus�odian. Past acts o� aggressive behavior shall justify the de�ermination that it is a dangerous animal. A do's breed shall nc� be considered in determining whether or not it is dangerous. 2012000�4E AUDITUR GIBSDN COtJNTY Instrun?nt PG 2 OF 8 2U120D00054E G. ADEQUAi'E CARE: The term "adequate care" shall mean the provision o� suificient food, water, shel�er, sanitary condicions and veterirarv medical at�ention in orcler to main:ain an animal i� a �state of good health". H. NEGLECP: The ce� °Neglect" shall mean to faii to sufficiently and properly care for an animal to the extent that tne animal's health is jeopardized. I. S�ELTER: The term "Shelter" shall mean adequat° pro�ection from the elemencs and whether conditions suitable for the age, species, and physical condition of �he animal so as co maintain the animal ia a sta�e of good health. Shelter �er livestock includes struc�ures or natural fea�ures such as trees or topography, and for a dog includes 1 or more of the following: 1. Tne residence of a dog's owner or o�her individual. 2. A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when tne outdoor temperature is or is predicted to drop beloo-r treezing. 3. A structure, including a garage, barn or shed that is sufficiently insulated and ventilated to protect the doge �rom exposure to extreme temperatures or, if no� sufficiently insulted and ventilated, contains a doahouse as provided under subparagraph (2) that is accessible to the doa. J. STATE OF GOOD HrALTH: The term "State of good health� shall mean freedom from disease and illness and in a condition a� proper body weight and temperature for the age and species of �::e animal, unless the animal is undergoing appropriate treatment. K. AT LARGE: The term "at large" shall mean any animal tha� zs: l. Not on a leash and is off the property of its owner, i�s owner's aaent or its keeoer; 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 otherwise under the immediate control of a person physically capable of restraining the animal. SECTION 2: No person shall o�n, possess or harbor any animal that is danCj2TOL'S. 6�� Instrunent PG 3 Of 8 20120D00054E SSCTION 3: No person shall permit any animal to run at large, or ::eep, possess or narbor any animal which by loud and irequent howling, or other noise, or by entering propercy other than that of the oc�rner, causes annoyance or disturbance to any pe-rson in Gibson County, Indiana unless t�e animal is under the reasonable control oi i=s owner or keeper or some individual authorized by him or her or unless engaged in lawful hunting accomp�nied by the owner or custodian of said animal or running on fores�ed or agricultural land or with t%:e permission of the land owner. SECTION 4- Upon termination by an Animal Coatrol Officer with an Affidavit of Comolaint, that an animal is beina permitted to run at large or causes annoyance or disturbance to arr� person said Animal Control Officer may issue a violation citation. Said violation citation shall �e administered �hough the Administrative Cour� o= the Gibson Counry Commissioners. Any person 4:ho is found co have viola�ed any provision of �his ordinance sha�l on first offense be issued a c•�ritten warning, snali on second offence, per occurrence, be fined zn the amount no� �o 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 twelve month rolling calendar. Any person who may be summoned to Court for hearina. SECTZON 5: fails, refuses or neglects to pay said fines appear before the Gibson county Commissioners' If witnessed by the Animal Control Officer that an animal is being permitted to run at large and no animal custodian or owner 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 ior the owner or custodian. This notice will give the owner or custodian of the animal the information needed to claim the anin.al at Gibson Councy Animal Services Shelter. Gibson County Animal Services shall maintain impounded animals for a minimal of ten ;�Q? 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 �o destroy the animal in a humane manner. If the animal is no� claimed within the cen day time period, Gibson county Animal Services shall destroy it in a humane manner or place the animal u� for adoption. -�- i Iastrumant PG 4 OF 8 " 2012pOD00548 An animal control officer will have the authority to impound an animal =or ordinance violations oi neglect. The owner o� an animal may prevent disposition of the animal by GCAS by posting, no la�er than �en (10) days after tne animal has been impounded, a bond wich GCAS in an amount sufficient to nrovide for che �n�mal's care and keeping �or a� least thirty (30) days, beginning irom �he date the animal was impounded. zhe owner may renew a bond by pos�ing a new bond, in an amount suificient to provide for �he animal's care and keeping for an addition thirty (30) days, no lacer than ten (10) days after the expiration of the perioc ;or which a orevious bond was posted. If a bond expires and is not renewed, GCAS may determine disposi�ion o= the animal. The owner will still be billed for �e_n_ (10) days oi board fees and any medical expenses accrued by GCAS. If the owner has paid a bond under this subsection, GCAS may euthanize a� animal if a veterinarian determines that anicnal �s suffering extreme pain. An ov.��er will have the right to sign over an impounded animal at their ci;scre�ion at any time and pay any fees incurred by GCAS including surrender fee, board fee, and ariy veterinarian costs accrued by GCAS. SHCTION 6: An animal claim fee and main�enance fee will be charged tc �he owner for any such animal and the rate for maintenance will be dependent upon the type of animal and type oi care needed �o provide the animal with adequate housing, food, medicine and/or veterinary care. SSCTION 7_ A. The Animal Control Officer shall not release any impounded animal to an owner with the owner showing proof oi a current rabies vaccination. If no proof of vaccination car. be provided an owner will be required to purchase an owner claim rabies voucher for twenty-five dollars ($25.00) which can be taken to any veterinary clinic. This voucher will be active for a ten day period. B. Gibson County Animal Services will impose the following fee for owners of impounded animals claimed. �- Thirty-five dollars ($35.00) for the first offense. 2• Forty-five dollars ($95.00) for the second offense. 3. Fi�cy-five dollars ($55.00) for the third of�ense. 4. Af�er the third offense, �he animal shall not be released to the owner. -4 Instrunent PG 5 OF E 2012UOAODSS8 5. Aiter the f�rst offense, Gibson County Animal Se=�r_ces shall be au�norized to impose a fee of fifceen dollars ($15.00) for each day the animal is boarded, beginnine, on �he second day of impoundment, in addition to claim fA25. Any animal owner upon notification that their animsl i� at th= GCAS shelter will begin accruing boa�-d �ees on the second day of impoundment. If an animal owner re�uses to re-claim their animal, �he owner must come to the GC�S shelter to sign over said animal and oay the claim fee and any board fees o;ved. Boarc fees wii_1 concinue accrui:ig until che animal is sig�ed over to GCAS. Any animal oomer who does not come ia�o �he shel�er to s�gn the animal over will be s�il� -esao-�sible to pay the surrender fee and ten (10) days of apolicabie board fees =�hich will be billed to �he owner. GCAS are required co hold all animals ten (10) days. 6. Gibson Coun=y Animal Services shall have authority to require identification tags to be placed unon the impounded animal at a cost of two dollars (�2.p0) to the o�ner per �ag. �. 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 owner, possessor, or person having the charge or cuscody of an animal shall not do any of the folloo�ing: A. Fail to provide an animal adequate care. B. Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal's adequate care, unless premises are vacated for the protectzon of human life or the prevention o� injury to a numan. C. Negligently allow any animal, including one �.vho is aged, diseased, maimed, hopelessly sick, disabled or nor- ambulatory to suffer unnecessary neglect, torture or �ain. D. Tether a dog unless the tether is at least 3 times the lengtn 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-c'r�o:�e collar designed for tetherinc. E. Leave an animal unattended in a vehicle when conditions in t�ac vehicle would constitute a health hazard to the a �-mal . _� InstrunenC PG 6 OF 8 20120DOQUSi8 F. Fail to confine in a secure building or enclosure a female domes�ic animai in hea� so as �o prevent conception except during instances of planned breeding. G. Vc1CClridt.lOT.1 L°Gi21r2(`.-NO owmer Or CUSLOCI13I1 Oi c171}� QOCj� cat or ferre*_ shall keep, maintai,z, or harbor ��e animal unless the animal has been vaccinated by a licensed vecerinarian wich anti-rabic vacci-�e of a type approved by the State Board of Health. The anti- rabic vaccination oi the animal shall be repeated everv one to three as aoplicable to the vaccine. In no case more than three years elapse between each vaccination. All dogs, cats and ferrets shall be vaccinated for rabies as required by state sta�ute. A licensed ve�e-inarian shall provide such �accinations. Any owner o� an animal that has bitten someone requiring an Animal Concrol Officer to place an animal under a bite quarantine at �he owner's residence will be assessed a fee of $45.00 due and payable within ten (10) days. Once said animal is released from quarantine the owner �.ai11 have five (5) business days �o have said animal vaccinated �or Rabies and must provide proo° �o GCAS. Any owner wno fails to provide proof of Rabies Jacci�e will be written a citation. SECTION 9- REGULATION OF DANGEROUS ANIMAI,S: i. Pursuant to a preponderance of the evidence an animal may be declared as a daagerous animal if there has occurred two (2) serious unprovoked attac'.�cs to a person or another animal while running at _arge. 2. The following conditions may be imposed on an owner o� an animal deemed a dangerous animal. A. Indoors, Hfien not alone, the animal be under con*_ro1 o� a person eighteen (18) years or older. B. Outdoors and unattended, the animal be kept within a locked �enced area from which it cannot escape. C. when outdoors the animal must be attended and kept within a locked area from which is cannot escape. D. When outdoors the animal must be attended and kept on a leash no longer 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 er respiration, but shall prevent it from niting - J- F L Iostrument , 20120DIIOD54E a person or animal. Tne muzzle must be maue of non-metallic material so as to prevent *_he muzzle from freezing to the a:�imal. PG 7 OF E Placement of "Bewa=e of Dog" signs on the p��cperty. An animal may not be declared "danqerous": l. If the animal was protecting or defending a person within the imminent vicini�y o� t�e animal from an at�ack or assault. 2. I� at the cime the recipient of the a�tac'.c was committing a crime or o��ense upon �ne oroper�y o� the owner or cus�odian of �ne a:�imal. 3. If the recipient of *_he attack was �easing, tormenting, abusing or assaulting the animal o-� its own property or in the past has teased, tormented, abused or assaulted the animal. 4. Zf the animal was attacked or menaced ^y another animal, or the animal attacked was on �he property of its oxner or custodian. 5. If the anima� was responding to oain cr injury, or protecting itself, its kennels/ i�s offspring or o�•rner or custodians prope_t_y. 6. Neither growling nor barking, nor both shall alone constitute grounds upon which [o fi-!d an animal to be dangerous. 7. An animal deemed "dangerous" that is nec under restraint and cannot be safely cap�Lred by Animal Control O*°icers and impounded may be slain by Law Enfcrcement. SECTION 10: This Ordinance supersedes O:dinance 2002-2, Reaeais 2004- 5 and amends Ordinance No. 2009-1. ZN WITNESS WHSR60F, the Board of Commissioners have adoDted this Ordin�nce this _�^`�day oi S�tiuA2�{ 20tZ, GIBSON COUNTY COMMISSIONERS %• � �/�/•. " _� ���r. / . - - -- • � : -�- ��'�-w d _ - � yo %J G4•d �x�y Lo S /� ��7,�ii %�r�9��i.G� �-�, Commissioner � TownsPa� ATTEST: I�strument PG 8 OF E 20120000D548 C.9 . N� C. T. MONTGOF E Y GZBSON C00. 'Y ..ODI':'O. ORDINANCE NO. 000-2 Repealed this Sth day of May, 20G9 OFcDZNANCE N0. 2004-5 Repealed this 5th day of May, 200° ORDZNANCE NO. 2009-1 A;nended Zp �Z �