TITLE 5 ANIMALS ANIMALS 1

TITLE 5 ANIMALS ANIMALS 1

TITLE 5 ANIMALS Chapters: 5.01 Keeping of animals 5.03 Animal Regulations ANIMALS 2

Chapter 5.01 KEEPING OF ANIMALS Sections: 5.01.010 Keeping of certain animals within the City 5.01.020 Keeping of Poultry within the City 5.01.030 Fines for violation 5.01.010 Keeping of certain animals within the City. It shall be unlawful for any person or persons, or other entity to maintain or keep any hogs, sheep or cattle within the corporate limits of the City of Cannelton. (Ord. unnumbered, S5.01.010, March 10, 2014) (Ord. 68-5, S1, 1968) 5.01.020 Keeping of Poultry within the City. It shall be unlawful for any person or persons, or other entity, to maintain or keep any poultry within the corporate limits of the City of Cannelton, unless the same are properly confined within pens or other enclosures within the property boundaries of the person or persons, or other entity, keeping such poultry. (Ord. unnumbered, S5.01.020, March 10, 2014) 5.01.030 Fines for violation. Any person convicted of violating any provisions of this chapter shall be fined $25.00 for the first offense and $50.00 for any subsequent offense occurring the same calendar year as the first offense, together with costs. (Ord. unnumbered, S5.01.030, March 10, 2014) (Ord. 68-5, S3, 1968) ANIMALS 3

Chapter 5.03 ANIMAL REGULATIONS Sections: 5.03.010 Definitions 5.03.020 Regulations 5.03.030 Penalties 5.03.040 Official Citation 5.03.050 Payment to Ordinance Violation s Clerk 5.03.060 No Release or Waiver of Penalties 5.03.070 Recovery of Expenses 5.03.080 Invalidity of Provisions 5.03.010 Definitions. As used in this Chapter, the following terms are defined as follows: (1) Animal means cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry or other bird, and any living creature, other than man, domestic or wild. (2) Kennel means any premises or portions thereof on which more than four dogs, cats, or other household domestic animals over four months of age are kept; or any premises or portions thereof on which more than two such animals are maintained, boarded, bred, or cared for, in return for recuperation, or are kept for the purpose of sale. (3) Owner means any person, having a right of property in an animal, or who keeps or harbors an animal, or who has in it in his care or acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupied by him. (4) Running at Large means any dog or animal found off the owner s premises which is not accompanied by the owner or representative of the owner, and is not restrained by a leash or chain or otherwise controlled so that it may not enter upon the property of others. (5) Diseased animals means an animal with a contagious or infectious disease. (Ord. 2015-1, S1, 5.03.010, Jan. 12, 2015) (Ord. 2006-05, S3, June 12, 2006) (Ord. 96-08, July 8, 1996) (Ord. 96-04, S3, May 13, 1996) ANIMALS 4

5.03.020 Regulations. (1) Animals Running at Large. It shall be unlawful to permit any animal of any kind to run at large within the City. Any animal found running at large on the streets, sidewalks or other public property or private property, shall be taken to the Perry County Animal Shelter. (2) Noises. It shall be unlawful for any person to own, keep, or harbor any animal, which disturbs the peace at any time of the day or night, by howling, yelping, barking or other noise, which shall cause annoyance or disturbance to any person, other than that of the owner. (3) Maintaining a Kennel. It shall be unlawful to maintain a kennel. This section shall not apply to a pound maintained by a political subdivision or a kennel maintained in a properly zoned area. (4) Diseased Animals. It shall be unlawful to allow any animal afflicted with a contagious or infectious disease to run at large, or to be exposed in any public place whereby the health of man or beast may be affected. (5) Non-Immunized Animals. It shall be unlawful to harbor a nonimmunized animal. (6) Animal Feces. Any person owning, keeping, possessing or harboring any animal shall promptly remove and dispose of, in a sanitary manner, all feces left by the animal on any public property, public right-of-way, or private property not under the control of the animal s owner. (Ord. 2015-1, S1, 5.03.020, Jan. 12, 2015) (Ord. 12-14, S1, June 11, 2012) (Ord. 06-05, June 12, 2006) (Ord. 96-08, July 8, 1996) (Ord. 96-04, May 13, 1996) 5.03.030 Penalties. On the complaint of any resident, followed by proof sufficient to the satisfaction of a member of the Police Department of the City of Cannelton, Indiana, as to the number of dogs kept on residential property; or the unreasonable annoyance or disturbance to a family caused by the noises of a dog or cat or as to the picking up of a stray dog or cat, the owner or harbored of said dogs, dog or cat, as the case may be, shall be required to pay the sum of $25.00 for a first violation of this ordinance. The owner or harbored of said dogs, dog or cat, as the case may be, shall be required to pay the sum of $100.00 for second or subsequent violation of this ordinance occurring within one (1) year of the previous violation. Additionally, the owner of any dog or cat taken to the Perry County Animal Shelter or other location and detained shall pay an additional sum of $25.00 for Boarding Fee when said dog or cat is held. (Ord. 2015-1, S1, 5.03.030, Jan. 12, 2015) (Ord. 12-41, June 11, 2012) (Ord. 06-05, June 12, 2006) (Ord. 96-08, July 8, 1996) (Ord. 96-04, May 13, 1996) ANIMALS 5

5.03.040 Official Citation. All violations of this ordinance shall be issued in writing upon the owner or harbored, if known, on the Official Citation form in essential conformity with the form attached hereto as Appendix A. A copy of the citation shall be filed with the city Police Department and the City Utilities Office. (Ord. 2015-1, S1, 5.03.040, Jan. 12, 2015) (Ord. 96-04, S6, May 13, 1996) 5.03.050 Payment to Ordinance Violation s Clerk. All violation monies shall be paid to the City at the City Utilities Office, who shall issue a receipt to the owner. (Ord. 2015-1, S1, 5.03.050, Jan. 12, 2015) (Ord. 96-04, S7, May 13, 1996) 5.03.060 No Release or Waiver of Penalties. Nothing contained in this ordinance shall be construed as a release or wavier of any penalties which may be imposed as a result of a violation of I.C. 15-5-9-13. (Ord. 2015-1, S5.03.060, Jan. 12, 2015) (Ord. 96-04, S8, May 13, 1996) 5.03.070 Recovery of Expenses. The City may collect, in addition to any monies owed to the City pursuant to this ordinance, all costs and attorney fees incurred to enforce this ordinance or to defend the City regarding any suits brought against the City in connection with action taken by the City pursuant thereto. (Ord. 2015-1, S1, 5.03.070, Jan. 12, 2015) (Ord. 96-04, S9, May 13, 1996) 5.03.080 Invalidity of Provisions. If any provision of this ordinance or the application thereof is held invalid, the invalidity may not affect other provisions or application, and to this end, the provisions of this ordinance are declared severable. (Ord. 2015-1, S1, 5.03.080, Jan. 12, 2015) (Ord. 96-04, S10, May 13, 1996) ANIMALS 6

5.03.110 Official Citation. (Ord. 2015-1, S1, 5.03.040, Jan. 12, 2015) (Ord. 2006-05, S3, June 12, 2006) (Ord. 96-08, July 8, 1996) (Ord. 96-04, Appendix A, May 13, 1996) ANIMALS 7