§ 14-56. Dangerous animal/attack dog permit.

(a)

License required; appeal from determination of dangerous animal. A person shall not own, harbor, possess, or keep an attack dog or any other dangerous animal unless such animal is licensed under this section or an application for licensing of such animal under this section is pending. Any person whose pet has been determined to be a dangerous animal may file an appeal within 48 hours after such determination. The appeal shall be in writing, accompanied by a nonrefundable appeal fee of $25.00, and shall be directed to the animal control agency and the department of code enforcement.

(b)

Application for license; form; accompanying information. Any owner of an attack dog or other dangerous animal shall apply to the animal control agency or the city's agent for licensing of said animal. The application shall be on a form provided by the city's agent and shall be accompanied by the following:

(1)

A valid driver's license or state-issued picture identification showing the owner's name and current address;

(2)

Proof that the applicant owns said animal and is 18 years of age or older;

(3)

One copy of a registration certificate issued for said animal by the A.K.C. and/or A.D.B.A., if available and applicable;

(4)

One copy of the current immunization and health records for said animal showing that the animal received a current rabies vaccination by a licensed veterinarian;

(5)

Proof that the applicant has insurance coverage for not less than $300,000.00 for any injury, damage, or loss caused by said animal;

(6)

Four photographs of said animal from four different sides taken not more than one month before the date of the application. Such photographs shall consist of a front, back, left, and right side view of the animal;

(7)

Proof that the animal has been microchipped by a licensed veterinarian;

(8)

The name, address, and phone number of the animal's previous owner.

(c)

Confinement of animal. The dangerous animal/attack dog shall be confined, at all times, within a habitable escape-proof dwelling or an escape-proof cage made of at least 11-gauge wire with at least six feet high sides, a wood or wire roof, and a brick or cement floor. The cage door also shall be locked with a padlock. When such animal is not confined within a habitable dwelling or an escape-proof cage, it shall be muzzled and reined or tethered to its master, owner, or keeper who shall maintain control over the animal to prevent injury to any person or animal.

(d)

Permit tag. The dangerous animal/attack dog shall wear a permit tag issued by the animal control agency stating that the animal is registered as a dangerous animal/attack dog.

(e)

Assignment of license number. When licensing an animal not previously licensed under this section, the animal control agency or its designee shall assign a specific license number to said animal, without duplication, which number shall remain the same for the life of the animal.

(f)

Lost or escaped animal. If the animal is lost or escapes, the owner or owner's agent shall report said incident immediately to the city animal control agency.

(g)

Posting of signs on property where animal will be kept. The owner of a dangerous animal/attack dog shall post signs on his property where such animal will be kept, clearly visible from the closest street, advising the general public about such animal's presence on the premises. Such signs shall be supplied by the animal control agency after applicant pays for the permit. The permit, shall not be issued until the owner posts the signs, and the animal control agency inspects the property to verify proper posting of the signs. The cost of the signs is nonrefundable, and they will belong to the applicant even if the permit is reissued or revoked.

(h)

Persons convicted of certain felonies not to be issued a license. No person shall be issued an attack dog/dangerous animal permit if they have been convicted of a felony involving violence, drugs, animal cruelty or animal fighting.

(i)

Inspection of premises where animal is kept. The animal control agency shall visually inspect the premises where the animal is kept. The inspection will consist of the cage, or if there is no cage, the officer will inspect the escape-proof habitat dwelling, doors, windows, and screen opening to determine if, in fact, they are escape-proof. Also, the inspection will consist of the placement of warning signs, the animal leash, the muzzle, and the padlock for the cage. The animal control agency must be satisfied that the owner has met all licensing requirements before issuing or renewing a permit.

(j)

Revocation of permit. If an attack dog/dangerous animal permit is revoked, the owner shall not be reissued another permit.

(k)

Exemption from provisions of section. Duly authorized members of the police department or other law enforcement agencies including, but not limited to, game wardens, conservation officers, and other law enforcement officers shall be exempt from the provisions of this section if the animal is used for law enforcement duties.

(l)

Failure to notify animal control department or code enforcement department of address of dangerous animal. If the animal control agency and/or department of code enforcement is notified of an address where an attack dog is being kept or harbored, and that animal and owner of the property has not been in violation of any section of this chapter, the owner shall have a maximum of 14 days to obtain the attack dog/dangerous animal permit. If the permit is not obtained within the 14-day period, the animal shall be impounded. The animal will then be held a maximum of ten days so that a permit can be issued. If a permit is still not obtained, the animal shall be euthanized.

(m)

Violation of chapter provisions. If the owner of a dangerous animal/attack dog violates any provisions of this chapter, the animal shall be impounded immediately and held until an animal control commission hearing. At such hearing, the animal control commission shall determine whether in fact a violation of this chapter has occurred. If the commission determines that a violation of this chapter has occurred, it shall have the authority to impose a fine and/or order the animal euthanized. A dangerous animal/attack dog shall not be euthanized until after the animal control commission has rendered a final decision.

(n)

Change of owner. If an attack dog/dangerous animal changes owner, the new owner must apply for a new permit. The original owner's permit shall not be transferable to the new owner. The original owner shall notify the animal control agency that the animal has been sold or given away.

(o)

Notification of address change. The owner of an attack dog/dangerous animal shall notify the animal control agency if the address changes where the animal is being kept. The owner must report the new address so an inspection can be made of the premises.

(p)

Expiration of license. All licenses issued under this article shall expire one calendar year from the date of issue.

(q)

Fighting. No person shall fight, bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any animal required to be licensed under this chapter. A person who violates this section shall be reported by the department of code enforcement or its designated agent to the county prosecutor's office for prosecution under IC 35-46-3-8 et seq.

(r)

Notification by owner/agent. The owner, or owner's agent, of an animal required to be licensed under this chapter shall notify the city police department and the city's animal control agency within four hours if said animal is running at large, has been stolen, or has attacked a person or a domestic animal.

( Ord. No. 5485 , § 1(exh. A), 6-1-2015)