Fellow Beaglers & Pet/Dog Owners,
The bellow issue has me in great concern. The meeting is tonight December 6, 2005 in the Marion City Building. This is not going to help keep the pets under control, it will be just another wasted animal control ordinance that do no good. I say enforce the current laws that are in effect, don’t make more.
If this doesn’t currently affect you in your area it will most likely be coming you way since the Human Society is a National Organization.
I’d appreciate all the dog owners in the immediate area, along with the all Indiana Beaglers Alliance Member as possible to show up to show support against this proposal.
Sincerely,
Jim Heasley, Indiana Beaglers Alliance-Region II Director
3912 S. Felton
Marion, IN 46953
765-674-3791
jheasley@indy.rr.com
Pet control on agenda
Proposal would require $100 permit for animal breeding
BY JENNIFER A. WELLS
jawells@marion.gannett.com
Pet owners and breeders may have new animal control laws to follow, if the Marion City Council approves a proposed animal control ordinance.The Marion City Council will get its first look Tuesday night at the ordinance, which regulates breeding, enforces animal care and combats dog fighting.Humane Society Board Vice President Cheryl Walker said the ordinance is an attempt to force Marion residents to care for their pets and to help prevent unwanted animals. "We hope we can hold people responsible for their animals," Walker said.During November, more than 200 animals entered the Grant County Humane Society shelter, 2768 W. Avon Ave. With a capacity of 92 dogs and 90 cats, the shelter has been overcrowded."This year its worse than last year," Walker said. "(Population at the shelter) has increased, even when we are doing everything we can. We can't do much more without help."The proposed ordinance would require breeders, defined as anyone who intentionally causes the breeding of multiple cats or dogs, to obtain permits. According to the ordinance, each female dog or cat could only breed once in a 12-month period.The cost of the license is set at $100 in the proposed ordinance.Any person accidentally causing the breeding of a dog by not having the animal spayed or neutered will be required to purchase a minor breeder's permit for $50.The ordinance also says no owner should have more than four dogs or cats that are older than 6 months and are unaltered, meaning not spayed or neutered."We are not controlling how many animals someone can have," Walker said. "We are limiting how many unaltered animals in a household."Humane society General Manager Michelle Holton said even one unaltered animal could roam around the city, entering yards and impregnating multiple animals."They are not being given the chance they deserve," Holton said, adding that some people consider dogs and cats to be dispensable animals.The idea for the change to the animal ordinance sparked after Walker got sick of seeing unwanted, diseased and abused animals enter the shelter."I was out at the shelter and wondered why people could get away with this," Walker said. "Then I realized there was nothing to prevent it. There was nothing there to hold anybody accountable."She said the current ordinance, created in 2000, did not fine pet owners for abuse or neglect."It was insanity," Walker said, adding that she witnessed so many neglected and abused animals that she decided something needed to be done. "I said, 'Time out. We can't do this anymore.'"A group of humane society employees and board members researched ordinances in other cities and towns before preparing the ordinance the council will discuss Tuesday, Walker said.If the council votes Tuesday night to pass the ordinance to second reading, a public hearing will tentatively be conducted Jan. 3 during the council's regular meeting, said ordinance committee chairman Dave Homer, R-Ward 1."If we can stop this cycle and put me out of business, I'll be so happy," Walker said.
Human Society-Pet Control Adenda
Moderators: Pike Ridge Beagles, Aaron Bartlett
-
Keystone Kid
- Posts: 940
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- Location: North Central INDIANA
- Contact:
Human Society-Pet Control Adenda
* I enjoy meeting new Beaglers & Squirrel Dog Owners. It's a blessing to find other's with such unique interests.
* I also enjoy helping future hunters.
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* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
This identical, or a very similar ordinance is being pushed by HSUS in many other places across the country. There's zero evidence that such measures do anything to change shelter turnins and stray pickups. Over half of all animals in shelters are cats and the dogs there aren't usually bred by owners that are going to abide by a $100 licensing requirement. This only hurts legitimate dog owners and breeders.
Bob Kane, President
Virginia Hunting Dog Owners' Association
http://vhdoa.uplandbirddog.com/
Sportsmen's and Animal Owners' Voting Alliance -
Working to identify and elect supportive legislators
** NO PAWS **
http://saova.org/1139.html
http://www.nopaws.org
Bob Kane, President
Virginia Hunting Dog Owners' Association
http://vhdoa.uplandbirddog.com/
Sportsmen's and Animal Owners' Voting Alliance -
Working to identify and elect supportive legislators
** NO PAWS **
http://saova.org/1139.html
http://www.nopaws.org
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Keystone Kid
- Posts: 940
- Joined: Mon Sep 06, 2004 1:08 pm
- Location: North Central INDIANA
- Contact:
Bob,Bob Kane wrote:This identical, or a very similar ordinance is being pushed by HSUS in many other places across the country. There's zero evidence that such measures do anything to change shelter turnins and stray pickups. Over half of all animals in shelters are cats and the dogs there aren't usually bred by owners that are going to abide by a $100 licensing requirement. This only hurts legitimate dog owners and breeders.
Bob Kane, President
Virginia Hunting Dog Owners' Association
http://vhdoa.uplandbirddog.com/
Sportsmen's and Animal Owners' Voting Alliance -
Working to identify and elect supportive legislators
** NO PAWS **
http://saova.org/1139.html
http://www.nopaws.org
Please contact me pertaing to this!
Sincerely,
Indiana Beaglers Alliance-Region II Director
"Keystone Kid"
Jim Heasley
3912 S. Felton
Marion, IN. 46953
H(765) 674-3791
C(765) 661-4597
<jheasley@indy.rr.com>
* I enjoy meeting new Beaglers & Squirrel Dog Owners. It's a blessing to find other's with such unique interests.
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
-
jackrabbit
- Posts: 273
- Joined: Sat Dec 28, 2002 7:10 pm
- Location: statewide, Indiana
- Contact:
HSUS can easily save millions of dollars by forcing the ehtical breeder, and person raising dogs/cats for competitive reasons to foot the bill for their killing fields they call animal shelters. by deverting the costs of running the shelters to us, they then have those dollars in their coffers to support their fight to ban hunting and fishing.
PLEASE HELP THE HONEST BREEDER AND COMPETITIVE ANIMAL OWNER BY CONTACTING THE MARION CITY COUNCIL MEMBERS AND SUGGESTING THEY EXEMPT THE GROUP THAT IS NOT RESPONSIBLE FOR THE INFLUX OF ANIMALS INTO THE SHELTERS. EXEMPT THE BREEDER AND COMPETITIVE ANIMAL OWNER.
Jackrabbit
Indiana Beaglers Alliance
PLEASE HELP THE HONEST BREEDER AND COMPETITIVE ANIMAL OWNER BY CONTACTING THE MARION CITY COUNCIL MEMBERS AND SUGGESTING THEY EXEMPT THE GROUP THAT IS NOT RESPONSIBLE FOR THE INFLUX OF ANIMALS INTO THE SHELTERS. EXEMPT THE BREEDER AND COMPETITIVE ANIMAL OWNER.
Jackrabbit
Indiana Beaglers Alliance
Jack Hyden, aka, jackrabbit
Indiana Beaglers Alliance
Indiana Beaglers Alliance
jackrabbit wrote:HSUS can easily save millions of dollars by forcing the ehtical breeder, and person raising dogs/cats for competitive reasons to foot the bill for their killing fields they call animal shelters. by deverting the costs of running the shelters to us, they then have those dollars in their coffers to support their fight to ban hunting and fishing.
PLEASE HELP THE HONEST BREEDER AND COMPETITIVE ANIMAL OWNER BY CONTACTING THE MARION CITY COUNCIL MEMBERS AND SUGGESTING THEY EXEMPT THE GROUP THAT IS NOT RESPONSIBLE FOR THE INFLUX OF ANIMALS INTO THE SHELTERS. EXEMPT THE BREEDER AND COMPETITIVE ANIMAL OWNER.
Jackrabbit
Indiana Beaglers Alliance
Jack,
HSUS spends nothing on supporting local animal shelters' operations, so it's hardly in a position to save "millions of dollars" here. That argument is worthless. The county/city people see this as potential way to save tax dollars. That's the political driving force for these proposals.
How are you going to exempt the "BREEDER AND COMPETITIVE ANIMAL OWNER"? You accept the principle behind HSUS's argument, but tell Marion's officials to only apply breeder licensing and pet ownership limitations to someone else? That's a logical loser, even if you could write a legally sound definition for those you propose to exempt, which you can't.
The way to kill such ordinance proposals is to get every pet owner, not just beaglers, to that Marion meeting and convince them this proposal's unpopular, unsound, won't change shelter populations and can't be enforced.
Bob Kane, President
Virginia Hunting Dog Owners' Association
http://vhdoa.uplandbirddog.com/
Sportsmen's and Animal Owners' Voting Alliance -
Working to identify and elect supportive legislators
** NO PAWS **
http://saova.org/1139.html
http://www.nopaws.org
-
jackrabbit
- Posts: 273
- Joined: Sat Dec 28, 2002 7:10 pm
- Location: statewide, Indiana
- Contact:
AS USUAL BOB.... you and I disagree on the fundimentals of how things operate.
As i remember you told me we could not stop IDNR from closing dog training in Indiana in the spring and summer and that we should cut what ever deal we could get. you were even in favor of closing it. When the smoke cleared not only did the Sportsmen of Indiana, with the help and guidence of the Indiana Beaglers Alliance beat IDNR and prevent the closings, but today our IDNR and the Alliance are working on an extensive plan to bring back non-horse back judged field trialing on most state grounds, AND we are working actively with IDNR and the Indiana Field Trialers to obtain several thousand acres for a sporting dog complex that would be specifically for the Horseback judged trials.
As I remember, Bob, you laughed at me when the Alliance was supporting the idea of introducing a senior fishing license to help recoup the PR/DJ monies that Indiana was losing. YOU said we couldnt game the program. YOU said a senior license would not bring more money to Indiana. YOU said that the PR/DJ funds was not an open ended pot of money. YOU told me to contact the PR/DJ folks and ask them. I DID CONTACT THEM..... AND THEY SENT ME THE FORMULA AND TOLD ME THAT AT CURRENT RATES INDIANA WOULD BENEFIT TO THE TUNE OF ABOUT $ 675,000.00 PER HUNDRED THOUSAND SENIOR LICENSES SOLD.( their response to me was posted here at the time it was recieved) WITH AN ADDITIONAL 3 TO 5 HUNDRED THOUSAND LICENCES PREDICTED TO BE GENERATED THAT EQUATES IN A LOT OF GAMING SEEMS TO ME LIKE. And this would be accomplished with no net increase to the senior fisherman. Fact is there would be a substantial savings.
Now you choose to argue mute points such as how much HSUS gets from the shelters or puts into the shelters. I did not see you at last weeks Council meeting in Marion, Indiana. But I sure saw several people there with sweat shirts on that said in big letters...."Support the Humaine Society".
We are already working toward aligning the many differant animal groups to work with the Marion City Council. The Council already has doubts about the ordinance, and they need to see that its not the legitimate animal owner that is causing the problem. its not the Council looking for ways to fund this one, my friend, its the HSUS pushing it. NOW, BOB, CAN WE COUNT ON YOU AND YOUR GROUP TO SEND WELL WRITTEN AND TACTFUL LETTERS AND EMAILS, AND MAKE THE NEEDED PHONE CALLS TO HELP THE CAUSE? Contact Jim Heasley and he will give you the contact info you need.
as always, happy hunting
Jackrabbit, and your Indiana Beaglers Alliance
As i remember you told me we could not stop IDNR from closing dog training in Indiana in the spring and summer and that we should cut what ever deal we could get. you were even in favor of closing it. When the smoke cleared not only did the Sportsmen of Indiana, with the help and guidence of the Indiana Beaglers Alliance beat IDNR and prevent the closings, but today our IDNR and the Alliance are working on an extensive plan to bring back non-horse back judged field trialing on most state grounds, AND we are working actively with IDNR and the Indiana Field Trialers to obtain several thousand acres for a sporting dog complex that would be specifically for the Horseback judged trials.
As I remember, Bob, you laughed at me when the Alliance was supporting the idea of introducing a senior fishing license to help recoup the PR/DJ monies that Indiana was losing. YOU said we couldnt game the program. YOU said a senior license would not bring more money to Indiana. YOU said that the PR/DJ funds was not an open ended pot of money. YOU told me to contact the PR/DJ folks and ask them. I DID CONTACT THEM..... AND THEY SENT ME THE FORMULA AND TOLD ME THAT AT CURRENT RATES INDIANA WOULD BENEFIT TO THE TUNE OF ABOUT $ 675,000.00 PER HUNDRED THOUSAND SENIOR LICENSES SOLD.( their response to me was posted here at the time it was recieved) WITH AN ADDITIONAL 3 TO 5 HUNDRED THOUSAND LICENCES PREDICTED TO BE GENERATED THAT EQUATES IN A LOT OF GAMING SEEMS TO ME LIKE. And this would be accomplished with no net increase to the senior fisherman. Fact is there would be a substantial savings.
Now you choose to argue mute points such as how much HSUS gets from the shelters or puts into the shelters. I did not see you at last weeks Council meeting in Marion, Indiana. But I sure saw several people there with sweat shirts on that said in big letters...."Support the Humaine Society".
We are already working toward aligning the many differant animal groups to work with the Marion City Council. The Council already has doubts about the ordinance, and they need to see that its not the legitimate animal owner that is causing the problem. its not the Council looking for ways to fund this one, my friend, its the HSUS pushing it. NOW, BOB, CAN WE COUNT ON YOU AND YOUR GROUP TO SEND WELL WRITTEN AND TACTFUL LETTERS AND EMAILS, AND MAKE THE NEEDED PHONE CALLS TO HELP THE CAUSE? Contact Jim Heasley and he will give you the contact info you need.
as always, happy hunting
Jackrabbit, and your Indiana Beaglers Alliance
Jack Hyden, aka, jackrabbit
Indiana Beaglers Alliance
Indiana Beaglers Alliance
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Keystone Kid
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Friends & Fellow Dog Owners,
There was some mistakes on the contact information for the Marion City
Council.
Let’s make it easy for everyone. Contact Debra Goodman at the Marion City
Clerk’s Office. Tell Debra you want her to give each of the Marion City
Councilmen a copy of your letter against the Animal Control Ordinance
#42-2005.
Just email her your letter with the instructions to see that Councilman Del
Garcia, Dave Homer, Mark Smith, Allen Miller, Don Batchelor, Steve Wright,
Anne Secttor, Henry Smith, and Justin Murrell all receive a copy of your
letter.
Here is Debra’s contact information:
Debra Goodman
765-668-4423
dgoodman@marionindiana.us
Time is of the essence!
Thanks!
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H (765) 674-3791
C (765) 661-4597
jheasley@indy.rr.com
There was some mistakes on the contact information for the Marion City
Council.
Let’s make it easy for everyone. Contact Debra Goodman at the Marion City
Clerk’s Office. Tell Debra you want her to give each of the Marion City
Councilmen a copy of your letter against the Animal Control Ordinance
#42-2005.
Just email her your letter with the instructions to see that Councilman Del
Garcia, Dave Homer, Mark Smith, Allen Miller, Don Batchelor, Steve Wright,
Anne Secttor, Henry Smith, and Justin Murrell all receive a copy of your
letter.
Here is Debra’s contact information:
Debra Goodman
765-668-4423
dgoodman@marionindiana.us
Time is of the essence!
Thanks!
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H (765) 674-3791
C (765) 661-4597
jheasley@indy.rr.com
* I enjoy meeting new Beaglers & Squirrel Dog Owners. It's a blessing to find other's with such unique interests.
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
A More Complete Picture
The news clipping that was used to start this thread covers a small fraction of Marion's animal ordinance. Here's the entire amended ordinance for review.
GENERAL ORDINANCE NO. _42_-2005
AN ORDINANCE AMENDING GENERAL ORDINANCE NO. 13-2000
ANIMAL CONTROL ORDINANCE
General Ordinance No. 13-2000 is hereby amended and replaced as follows:
It is the purpose of this ordinance to promote the health,
safety, and general welfare of the residents of The City of Marion by
reducing the number of stray dogs and cats and to regulate the breeding
practices of pet owners and breeders through legislation which is both
reasonable and enforceable. The council finds that each year thousands
of dogs and cats are euthanized in the City of Marion because they are
not wanted.
(A) Definitions. For purposes of this ordinance, the following
terms shall be defined as set forth below:
(1) Animal means any living non human, warm or cold blooded, vertebrate
creature, or reptile, domestic or wild.
(2) Animal Shelter means any premises designated by the City as a site
for impounding and caring for animals, confined under this Code section.
(3) Animal Control Officer means those persons designated by the Animal
Control Service to enforce this Code section.
(4) Animal Control Service means the persons, partnership, corporation,
association, or society designated by the Common Council of the City of
Marion to enforce this ordinance.
(5) Owner means any person owning, harboring, or keeping any animal.
(6) Restraint means confinement to the premises of the owner, while on
or being outside those premises while accompanied by a responsible
person keeping control of the animal, being on a leash, chain, or
confinement in a fenced area.
(7)Abandonment means the voluntary relinquishment of possession by the
Owner with the intention of terminating his or her ownership for 72
hours, but without vesting possession in any other person.
(8) Dog House means housing that is specifically made for housing of a
dog,, with an opening on one side for the animal to enter, and with a
roof or an "igloo" style.
(9) Humane Society means the Marion Grant County Humane Society, Inc.
(10) Identification means bearing either a microchip, rabies tag, tag
with owner's name, address, phone number, or tattoo applied by a
licensed veterinarian.
(11) Unaltered animals means an animal that is intact or has not been
spayed or neutered.
(B) No owner shall fail to keep any of his or her animals under
restraint at all times. All dogs and cats must have some type of
identification at all times. Any person who violates this provision of
this code and upon deemed guilty shall pay a fine not less than Fifty
Dollars ($50.00) for the first offense, One Hundred Dollars ($100.00)
for second offense, and Two Hundred and Twenty Five Dollars ($225.00)
for third offense.
(1) Provided, however, if the unrestrained animal causes
bodily injury to another person or animal the fine will be not less than
One Hundred Twenty Five Dollars ($125.00) and the Court shall conduct a
vicious canine hearing relating to the animal.
(C) Unrestrained animals may be taken by the City Police Department or
an animal control officer, and impounded in a animal shelter, and there
confined in a humane manner. Impounded animals shall be kept for not
less than (72) hours unless reclaimed by their owners. Animals not
reclaimed by their owners within seventy-two (72) hours may be humanely
disposed of by the Animal Control Service or adopted by a new owner.
(D) An owner reclaiming an impounded animal shall pay a fee to the
person in charge of the animal shelter. That fee shall be equal to the
actual cost of housing the animal, not to exceed fifty dollars ($50.00)
per day. If those fees are not paid, the animal shall be humanely
disposed of or adopted by a new owner. The owner shall be deemed guilty
of an ordinance violation.
(E) This section of the ordinance shall apply to unaltered cats and dogs
to promote the health, safety, and general welfare of the residents of
the city by reducing the number of stray dogs and cats.
(1) Every owner of an unaltered dog or cat that is a least
six months of age shall obtain an "unaltered animal license" annually,
for each dog or cat, issued by the Humane Society for the amount of
forty-three dollars ($43.00). The forty-three dollars ($43.00) shall be
deposited in a fund set up by the Humane Society that is specifically
for altering animals at a discount for qualified members of the
community.
(a) If an unaltered animal is found without an
"unaltered animal license", the animal shall be impounded by the Animal
Control until the owner obtains the proper license. If the license is
not obtained within Seventy-two (72) hours, said animal shall become the
property of the Animal Control and either humanely disposed of or
adopted to a new owner.
(b) If an owner obtains and "unaltered animal
license" and within 30 days gets said animal altered, than the fee of
the license shall be reimbursed back to the owner.
(c) Revocation of "unaltered animal license".
The "unaltered animal license" shall be revoked if the owner allows his
or her animal be unrestrained two times or be outside of a secured six
sided enclosure while in estrus (heat) or to produce a litter of young.
(i) After the Animal Control Service
has filed a complaint in the municipal court, the court after hearing
all the evidence shall make a final determination as to
whether the person should have his or her license revoked. If the court
finds that revocation is appropriate, it shall enter a judgment
ordering alteration of said animal within Thirty (30) days.
(ii) If the owner does not comply to
have his or her animal altered the owner shall be subject to a habitual
offender hearing.
(d) An "unaltered animal license" shall
not be required for dogs used by law enforcement agencies, service
dogs, or animals not suitable for alteration as certified by a licensed
veterinarian.
(2) Any dog or cat adopted, sold, given away, or traded by
the humane society to a new owner of the city must be spayed or neutered
by the age of six months or within 30 days, whichever is later. If the
animal is not spayed or neutered by said time the animal shall be picked
up by the Animal Control and be altered. The owner shall be responsible
for the cost of the alteration. The owner shall be cited with a
violation of this provision. If the owner is found guilty the fine shall
be the cost of the alteration.
(3) Major Breeder's Permit.
(a) A major breeder's permit shall be obtained
by: (1) Any person who intentionally causes the breeding of multiple
cats or dogs or makes a cat or dog available for breeding purposes; or
(2) Any person who offers for sale, sells, trades, or receives other
compensation for the young of a cat or dog.
(b) The breeder shall: (1) Not allow the
birthing of more than one litter per female dog or cat in a 12-month
period; and (2) Furnish the Animal Shelter with information on the birth
of each litter of dogs or cats as may be required by the Animal Shelter
to register that litter of dogs or cats with Animal Control, and to be
assigned a litter number for each litter. The breeder of this litter
must obtain the name, address, phone number of buyer, and must immunize
all animals in each litter.
(c) The cost of the Major Breeder's Permit shall
be $100.
(4) Minor Breeders Permit.
(a) A minor breeder's permit shall be obtained
by: (1) Any person who intentionally or accidentally causes the breeding
of a single cat or dog; or (2) Any owner or person having custody of a
dog or cat that has delivered a litter or caused the delivery of a
litter, who chooses not to relinquish the animal to the Animal Shelter
and also chooses not to have the animals spayed or neutered shall cause
the animal to be implanted with a microchip and register the dog or cat
within 30 days of having received notice to accomplish this procedure
for Animal Control;
(b) Any such person shall: (1) Be allowed to
breed only one dog or one cat which results in the birthing of maximum
of one litter in a 12-month period;
(c) Any owner or person having custody of a dog
or cat which has delivered a litter, who chooses not to relinquish said
animal to the animal control and also chooses not to have the animal
neutered, will be required to purchase a major breeder's permit at the
rate of $100 plus any applicable kennel/cattery permit fee. The permit
shall be issued provided all requirements of this section are met.
(d) The cost of a minor breeder's permit shall
be $50. Provided, however, that the breeder may be reimbursed $40 of
the $50 cost in the event that the breeder spays or neuters the breeding
animal within 10 weeks of the birth of the litter.
(F) No owner shall allow his or her animals to become a public nuisance.
Animals who engage in excessive, continuous or untimely barking,
harassing persons, chasing vehicles, habitually attacking other animals,
trespassing upon school grounds, or trespassing, damaging private
property shall be deemed a public nuisance, and shall be impounded.
(G) The person responsible for any animal which has bitten a person or
another animal must report the incident to the Animal Control Agency, or
local Law Enforcement. Any animal which bites a person, or which has
possibly been exposed to rabies, shall be quarantined for not less than
ten (10) days in an animal shelter, in a kennel, or with a veterinarian.
During quarantine, if the animal is confined in the animal shelter, a
charge equal to the actual cost of housing the animal, not to exceed
fifty dollars ($50.00) per day shall be paid to the Humane Society. Also
during the quarantine period, the owner must provide a current rabies
vaccination certificate for his cat or dog that is being quarantined. If
proof of vaccination cannot be supplied, the animal will be vaccinated
by a veterinarian at the owner's expense before release. Upon receiving
information about any animal which has bitten a person or which has
possibly been exposed to rabies, the Police Department shall notify the
animal shelter. If a veterinarian determines that an animal in
quarantine is a possible rabies carrier, the County Health Office shall
be notified. Any necessary action shall be to confirm the diagnosis and
disposal of the animal.
(H) Each owner of a dog/cat which dog/cat is above the age of six (6)
months must procure a rabies vaccination for the animal. At the time of
the vaccination, the owner shall purchase a rabies tag from the
veterinarian. The animal must wear the tag at all times. Any person who
is found to have violated this provision of this code shall pay a fine
of not less than Thirty-five dollars ($35.00) for the first offense,
Seventy-five dollars ($75.00) for the second offense and One hundred
twenty-five ($125.00) for the third offense.
(1) However if the unvaccinated animal causes bodily injury to another
person or animal the fine will be not less than One hundred twenty-five
dollars ($125.00) and the Court shall conduct a vicious canine hearing
relating to the animal..
(I) This section of the code applies to the care of animals:
(1) No owner shall recklessly fail to provide animals with sufficient
good and wholesome food and water. Any person who violates this
provision and found guilty shall pay a fine not less than Fifty dollars
($50.00) for the first offense, One hundred dollars ($100.00) for the
second offense, and Two hundred twenty-five dollars ($225.00) for the
third offense.
(2) No owner shall recklessly fail to provide animals with proper
shelter and protection from the weather. Any person who violates this
provision and found guilty shall pay fine not less than Fifty dollars
($50.00) for the first offense, One hundred dollars ($100.00) for second
offense, and Two hundred twenty-five dollars ($225.00) for third
offense.
(3) No person shall recklessly fail to provide veterinary care for
animals. As used in this section, "veterinary care" means proper
grooming, medical treatment, and vaccinations against common disease.
Tail docking, ear cropping, or spay/neutering, when done by an
individual who is not a licensed veterinarian, is a violation of this
section. Any person who is found to have violated this provision shall
pay a fine not less than Seventy-five dollars ($75.00) for the first
offense, Two hundred twenty-five dollars ($225.00) for the second
offense, and Three hundred sixty dollars ($360.00) plus be deemed a
habitual offender for the third offense.
(4) No person shall recklessly beat, cruelly ill-treat, torment,
overload, overwork, or otherwise abuse any animal. Any person who is
found to have violated this provision shall pay a fine not less than
Seventy-five dollars ($75.00) for the first offense, Two hundred
twenty-five dollars ($225.00) for the second offense, and Three hundred
sixty dollars ($360.00) plus be deemed as a habitual offender for the
third offense.
(5) No person shall harbor any animal for the purpose of animal
fighting. If an owner possesses, harbors, or trains an animal that is
bearing a scar, a wound, or an injury consistent with participation in
or training for animal fighting contests, such evidence shall be prima
facie evidence of the commission of harboring an animal for fighting
purposes. Any person found guilty of this provision shall pay a fine
not less than Eight hundred dollars ($800.00) for the first offense, Two
thousand five hundred dollars ($2,500.00) and be deemed as a habitual
offender for the second offense. Any animal found in this condition
shall be impounded at the Animal Shelter until a judgment has been made
in a court of law.
(a) If a person is found guilty of harboring animals for the purpose of
fighting, the animals that are in question shall become the property of
the Humane Society and be humanely disposed of.
(b) If the person is found not guilty of this provision he/she is not
liable for any expenses occurred while animal is housed at the Animal
Shelter and the animals in question shall be returned to the owner.
(6) No owner shall abandon any animal. If a person is found guilty of
this provision the fine shall be not less than Fifty dollars ($50.00)
for the first offense, One hundred dollars ($100.00) for the second
offense, and Two hundred twenty-five dollars ($225.00) for the third
offense.
(7) No person shall own, store, sell, or purchase any animal fighting
paraphernalia including, but not limited to, treadmills, cat mills,
spring poles, or animal fighting literature. Animal fighting literature
can only be purchased by Animal Control Services for the purpose of
investigation. Any person found guilty of this provision shall pay a
fine of not less than Six hundred dollars ($600.00) for the first
offense, One thousand four hundred dollars ($1,400.00) for the second
offense, and Two thousand five hundred dollars ($2,500.00) plus be
deemed as a habitual offender for the third offense.
(J) No animal shall be tied or fastened by any rope, chain, or cord that
is directly attached to the animal's neck. Restrained animals must wear
a properly fitted collar or harness made of leather or nylon, not of the
choker type. This is not to prohibit the proper use of choker collars in
the training of animals. The tying device shall be attached to the
animal's collar or harness and shall be at least twelve (12) feet of
free length. All animals tethered on the owner's property shall not be
able to get closer than three (3) feet from any fence or from another
tethered animal. No animal will be tethered for 24 hours per day.
Reasonable exercise will be provided for the animal by the owner.
(K) Animals found in cruel, abusive, neglectful situations or abandoned,
as defined in the section above, may be promptly impounded if no
immediate contact with a responsible person can be made; provided
however, that the Animal Control Officer shall attempt to leave written
notice on the door of the residence telling the location of the animal
and the reason for impoundment.
Animals so removed will be impounded and held at the Animal
Control Agency or designated facility until such time the violator is in
compliance with this chapter; provided, however, that in no event shall
this period exceed three (3) days, at which time the animal shall become
the property of the Animal Control Agency, unless an extension is
necessary for the Animal Control Officer to have ample time to prepare a
court case if prosecution is warranted.
In the case of animals impounded for quarantine at the
Animal Control Agency, the animal will become property of the Agency if
not claimed by closing time of the Agency on the eleventh day of
quarantine.
Animals impounded for reasons beyond the control of the
owner, such as, but not limited to, house fire, death of the owner or
arrest of the owner, will be held for 10 days during which time a
reasonable effort will be made to contact the owner and/or their
representative. After the tenth day of impoundment, the animal will
become the property of the Animal Control Agency.
An Animal awaiting disposition by the court shall remain in
the custody of the Animal Control Agency, unless such disposition is
made, or placed in a foster home until legal arrangements have been
completed.
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. Cost of treatment, euthanasia and/or care shall
be the responsibility of the owner/agent.
(L) All animals kept inside or in a pen, tied, fastened, leashed, or
enclosed by a fence shall be kept in a sanitary manner. No animal shall
be kept in feces, mud, water, or with any debris. The person responsible
for the animals shall regularly maintain all areas of the animal
confinement. Any person found guilty of this provision shall pay a fine
not less than Fifty dollars ($50.00) for the first offense, One hundred
dollars ($100.00) for the second offense, and Two hundred twenty-five
dollars ($225.00) for the third offense.
(M) Persons responsible for an animal, except visually impaired person
working with service dogs, shall immediately remove the animal's
excrement from public lands, sidewalks and right of way (property
between sidewalks and streets) or from the property of another.
(N) 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 the Animal Control Service or the Police
Department.
(O) No animals shall be left unattended in a vehicle in excessive heat
(based upon Standardized Veterinarians Report) or when the conditions in
that vehicle would constitute a health hazard to the animal.
(P) This section of the ordinance shall apply to "vicious canines".
"Vicious canines include:
(1) Any canine which, according to the record of the appropriate
authority; provided, this section shall not apply to animals under the
control of a law enforcement or military agency:
(a) Did bite or attack once, causing wounds or injuries creating a
potential danger to the health or life of a human being without
provocation in a public or private place where the person was conducting
himself peacefully and lawfully;
(b) Required defense action by any person to prevent physical injury or
property damage, where the dog has acted without provocation, in a
public or private place where the person was conducting himself
peacefully and lawfully;
(c) Could not be controlled or restrained at the time of a bite or
attack upon a animal or person; and
(2) Any canine owned, harbored or trained primarily or in part for the
purpose of canine fighting.
(Q) A canine shall be declared a "vicious canine" only after the Animal
Control Service has received an Affidavit of Complaint by an individual
under oath, stating all pertinent facts to support the allegation that
the canine is vicious. If the Animal Control Service determines the
complaint is valid, the Animal Control Services shall file a complaint
in municipal court. The City Judge, after hearing all the evidence,
shall make the final determination as to whether the dog qualifies as a
"vicious canine".
(1) Any owner of a dog which qualifies under these statues as a "vicious
canine" must:
(a) Register the canine with the Animal Control Service within three (3)
months of the effective date of the ordinance, which registration shall
include two color photographs of the canine.
(b) Notify the Animal Control Service immediately if the canine is given
or sold to a new owner, providing the Animal Control Service with the
new owner's name, address, and telephone number.
Registration will continue, but the new owner must comply with the other
provisions of this statute.
(c) Notify the Animal Control Service immediately if the canine becomes
loose or unconfined, attacks livestock, another domestic animal or human
being, or inflicts any property damage.
(d) Notify the Animal Control Service of all offspring born to the
canine.
(e) Notify the Animal Control Service of the death of the canine.
(f) Confine the canine in a humane way inside or outside of the owner's
property, in a "secure enclosure" (as described in Section E of this
Code) so that it cannot escape of its own volition. The owner's property
must contain a sign easily readable to the public saying "Beware of Dog".
(g) Allow the canine to go off the owner's premises only when it is
muzzled and kept on a leash or restraint, no more than six feet long,
under the control of a responsible person.
(h) The canine must be "tattooed" or have a microchip placed in the
animal by a licensed veterinarian.
(j) Upon a second unrelated bite conviction, the canine may become the
property of the Marion-Grant County Humane Society, by order of the
Court, to be humanely disposed of.
A violation of this section of the ordinance shall be subject to the
penalties described in all other parts of the ordinance. In addition,
the City Judge in his/her discretion can order the canine impounded in
the Humane Society, at the owner's expense, until the owner complies
with the terms of this section, or can order the destruction of the
animal when necessary, to preserve the public health, safety and the
welfare of the community.
(R) No owner shall keep more than four dogs or cats, in any combination,
that are over 6 months of age that are unaltered. This does not apply to
any government animal control agencies, animal rescue organizations,
humane societies, or societies for the prevention of cruelty to animals
that have implemented an ongoing spay/neutering plan. All unaltered cats
and dogs over the amount of four shall be removed by the animal control
service and upon found guilty of this provision shall pay a fine of
Fifty dollars ($50.00) for the first offense, One hundred dollars
($100.00) for the second offense, and Two hundred twenty-five dollars
($225.00) and be deemed as a habitual offender for third offense.
(S) No person shall place or keep any of the following animals within
the city limits of the City of Marion: any and all hoofed animals,
including but not limited to poultry, equine (horses, mules), porcine
(pigs), bovine (cattle), sheep or goats. This section shall not apply to
ducks, geese, or swans which are confined in an owner's yard containing
a pond or other water area.
(T) It shall be unlawful and is hereby declared to be a public nuisance
for any person to use, place, set or cause to be set within the city or
upon lands owned by the city any traps except cage type live traps
approved by the Animal Control Agency and used for the control of
unrestrained or potentially dangerous animals. This prohibition shall
not apply to any trap specifically designed to kill rats, mice, gophers
or moles so long as the owner of the property is aware of the location
where the trap(s) are set and monitors said trap(s) at least once every
24 hours.
Traps discovered by the Animal Control Agency to have been
unlawfully set in the city may be seized and used as prima-facie
evidence that a violation has been committed. Upon conviction, said
trap(s) shall be forfeited to and disposed of by the Animal Control
Agency.
(U) Any person who shall become apprised of the death of any animal
owned by that person shall, within 12 hours thereafter, cause the same
to be removed from the premises and taken to the Animal Control Agency,
veterinarian or cemetery for disposal.
(V) The Animal Control Officer shall have powers in the enforcement of
this Code section. No person shall interfere with, hinder, molest,
abuse, or fail to provide identification to the Animal Control Officer
in the exercise of these powers.
(W) Any person who violates any provision of this Code section shall be
deemed guilty of an ordinance violation and upon conviction shall be
fined not less than Twenty-five dollars ($25.00) for the first offense,
Seventy-five dollars ($75.00) for second offense, and One hundred
twenty-five dollars ($125.00) for third offense, unless any provision of
this ordinance declares otherwise. The maximum fine for any offense
shall be Two thousand five hundred dollars (2,500.00). Each day any
violation continues or occurs shall be deemed a separate offense.
(X) A person shall be declared a habitual offender only after the Animal
Control Service has filed a complaint in the municipal court. The City
Judge after hearing all the evidence shall make a final determination as
to whether the person qualifies as a habitual offender.
(1) A person shall be declared a habitual offender if:
(a) Offender has been found guilty of four or more of the same
provisions in the last seven years, or;
(b) Offender has been found guilty of seven or more on any combination
of the provisions in the last three years; or
(c) Offender has been found guilty of a provision of this ordinance
which designates the Offender as a habitual offender; or
(d) Offender has been found guilty of any section of Indiana Statue
Codes 35-46-3-7 thru 35-46-3-13.
(2) Any person found guilty of being a habitual offender
shall not own, have possession of, or harbor any animals for a minimum
of one year but not more than five years as determined by the court. Any
animals owned or in the possession of the habitual offender at the time
of judgment shall be surrendered to the Humane Society and become the
property of the Humane Society.
(3) Any person after being found guilty of a habitual
offender who continues to own, harbor, or have possession of an animal
in violation of an order entered pursuant to subsection X(2) above shall
pay a fine of Two thousand five hundred dollars ($2,500.00) plus be
subject to a court hearing for being in contempt of court.
Y. Severability and Effect. If any provisions of this ordinance
or any application thereof, is held invalid, the invalidity shall not
effect other applications of the provisions or terms of this ordinance
which reasonable can be given effect without the invalid provision or
term or the application thereof.
Notwithstanding any provision of this ordinance, this
ordinance shall not be construed to repeal any former ordinance as to
any offense committed against such former ordinance or as to any act
done, any penalty, forfeiture or punishment so incurred or any right
accrued or claim arising under the former ordinance.
This ordinance shall be in full force and effect from and
after its passage and any and all necessary approval by the Mayor and
due publication.
PASSED AND APPROVED by the Common Council of the City of Marion,
Indiana, this _____ day of _________________, 200 .
***************
Common Council Members, City of Marion, Indiana
*******************
Alan Miller
765-677-2574
amiller@...
Del Garcia
765-662-9981
dgarcia@...
Steve Wright
765-668-2280
swright@...
David Homer
dhomer@...
Ann Secttor
asecttor@...
Justin Murrell
jmurrell@...
Henry Smith
765-664-0507
hsmith@...
Don Batchelor
765-668-4403
dbatchelor@...
Mark Smith
765-677-2353
marksmith@...
Mayor Wayne Seybold
City of Marion
Marion Municipal Building
301 S. Branson
Marion, IN 46952-4052
Phone: 765- 668-4404
enquiries@...
GENERAL ORDINANCE NO. _42_-2005
AN ORDINANCE AMENDING GENERAL ORDINANCE NO. 13-2000
ANIMAL CONTROL ORDINANCE
General Ordinance No. 13-2000 is hereby amended and replaced as follows:
It is the purpose of this ordinance to promote the health,
safety, and general welfare of the residents of The City of Marion by
reducing the number of stray dogs and cats and to regulate the breeding
practices of pet owners and breeders through legislation which is both
reasonable and enforceable. The council finds that each year thousands
of dogs and cats are euthanized in the City of Marion because they are
not wanted.
(A) Definitions. For purposes of this ordinance, the following
terms shall be defined as set forth below:
(1) Animal means any living non human, warm or cold blooded, vertebrate
creature, or reptile, domestic or wild.
(2) Animal Shelter means any premises designated by the City as a site
for impounding and caring for animals, confined under this Code section.
(3) Animal Control Officer means those persons designated by the Animal
Control Service to enforce this Code section.
(4) Animal Control Service means the persons, partnership, corporation,
association, or society designated by the Common Council of the City of
Marion to enforce this ordinance.
(5) Owner means any person owning, harboring, or keeping any animal.
(6) Restraint means confinement to the premises of the owner, while on
or being outside those premises while accompanied by a responsible
person keeping control of the animal, being on a leash, chain, or
confinement in a fenced area.
(7)Abandonment means the voluntary relinquishment of possession by the
Owner with the intention of terminating his or her ownership for 72
hours, but without vesting possession in any other person.
(8) Dog House means housing that is specifically made for housing of a
dog,, with an opening on one side for the animal to enter, and with a
roof or an "igloo" style.
(9) Humane Society means the Marion Grant County Humane Society, Inc.
(10) Identification means bearing either a microchip, rabies tag, tag
with owner's name, address, phone number, or tattoo applied by a
licensed veterinarian.
(11) Unaltered animals means an animal that is intact or has not been
spayed or neutered.
(B) No owner shall fail to keep any of his or her animals under
restraint at all times. All dogs and cats must have some type of
identification at all times. Any person who violates this provision of
this code and upon deemed guilty shall pay a fine not less than Fifty
Dollars ($50.00) for the first offense, One Hundred Dollars ($100.00)
for second offense, and Two Hundred and Twenty Five Dollars ($225.00)
for third offense.
(1) Provided, however, if the unrestrained animal causes
bodily injury to another person or animal the fine will be not less than
One Hundred Twenty Five Dollars ($125.00) and the Court shall conduct a
vicious canine hearing relating to the animal.
(C) Unrestrained animals may be taken by the City Police Department or
an animal control officer, and impounded in a animal shelter, and there
confined in a humane manner. Impounded animals shall be kept for not
less than (72) hours unless reclaimed by their owners. Animals not
reclaimed by their owners within seventy-two (72) hours may be humanely
disposed of by the Animal Control Service or adopted by a new owner.
(D) An owner reclaiming an impounded animal shall pay a fee to the
person in charge of the animal shelter. That fee shall be equal to the
actual cost of housing the animal, not to exceed fifty dollars ($50.00)
per day. If those fees are not paid, the animal shall be humanely
disposed of or adopted by a new owner. The owner shall be deemed guilty
of an ordinance violation.
(E) This section of the ordinance shall apply to unaltered cats and dogs
to promote the health, safety, and general welfare of the residents of
the city by reducing the number of stray dogs and cats.
(1) Every owner of an unaltered dog or cat that is a least
six months of age shall obtain an "unaltered animal license" annually,
for each dog or cat, issued by the Humane Society for the amount of
forty-three dollars ($43.00). The forty-three dollars ($43.00) shall be
deposited in a fund set up by the Humane Society that is specifically
for altering animals at a discount for qualified members of the
community.
(a) If an unaltered animal is found without an
"unaltered animal license", the animal shall be impounded by the Animal
Control until the owner obtains the proper license. If the license is
not obtained within Seventy-two (72) hours, said animal shall become the
property of the Animal Control and either humanely disposed of or
adopted to a new owner.
(b) If an owner obtains and "unaltered animal
license" and within 30 days gets said animal altered, than the fee of
the license shall be reimbursed back to the owner.
(c) Revocation of "unaltered animal license".
The "unaltered animal license" shall be revoked if the owner allows his
or her animal be unrestrained two times or be outside of a secured six
sided enclosure while in estrus (heat) or to produce a litter of young.
(i) After the Animal Control Service
has filed a complaint in the municipal court, the court after hearing
all the evidence shall make a final determination as to
whether the person should have his or her license revoked. If the court
finds that revocation is appropriate, it shall enter a judgment
ordering alteration of said animal within Thirty (30) days.
(ii) If the owner does not comply to
have his or her animal altered the owner shall be subject to a habitual
offender hearing.
(d) An "unaltered animal license" shall
not be required for dogs used by law enforcement agencies, service
dogs, or animals not suitable for alteration as certified by a licensed
veterinarian.
(2) Any dog or cat adopted, sold, given away, or traded by
the humane society to a new owner of the city must be spayed or neutered
by the age of six months or within 30 days, whichever is later. If the
animal is not spayed or neutered by said time the animal shall be picked
up by the Animal Control and be altered. The owner shall be responsible
for the cost of the alteration. The owner shall be cited with a
violation of this provision. If the owner is found guilty the fine shall
be the cost of the alteration.
(3) Major Breeder's Permit.
(a) A major breeder's permit shall be obtained
by: (1) Any person who intentionally causes the breeding of multiple
cats or dogs or makes a cat or dog available for breeding purposes; or
(2) Any person who offers for sale, sells, trades, or receives other
compensation for the young of a cat or dog.
(b) The breeder shall: (1) Not allow the
birthing of more than one litter per female dog or cat in a 12-month
period; and (2) Furnish the Animal Shelter with information on the birth
of each litter of dogs or cats as may be required by the Animal Shelter
to register that litter of dogs or cats with Animal Control, and to be
assigned a litter number for each litter. The breeder of this litter
must obtain the name, address, phone number of buyer, and must immunize
all animals in each litter.
(c) The cost of the Major Breeder's Permit shall
be $100.
(4) Minor Breeders Permit.
(a) A minor breeder's permit shall be obtained
by: (1) Any person who intentionally or accidentally causes the breeding
of a single cat or dog; or (2) Any owner or person having custody of a
dog or cat that has delivered a litter or caused the delivery of a
litter, who chooses not to relinquish the animal to the Animal Shelter
and also chooses not to have the animals spayed or neutered shall cause
the animal to be implanted with a microchip and register the dog or cat
within 30 days of having received notice to accomplish this procedure
for Animal Control;
(b) Any such person shall: (1) Be allowed to
breed only one dog or one cat which results in the birthing of maximum
of one litter in a 12-month period;
(c) Any owner or person having custody of a dog
or cat which has delivered a litter, who chooses not to relinquish said
animal to the animal control and also chooses not to have the animal
neutered, will be required to purchase a major breeder's permit at the
rate of $100 plus any applicable kennel/cattery permit fee. The permit
shall be issued provided all requirements of this section are met.
(d) The cost of a minor breeder's permit shall
be $50. Provided, however, that the breeder may be reimbursed $40 of
the $50 cost in the event that the breeder spays or neuters the breeding
animal within 10 weeks of the birth of the litter.
(F) No owner shall allow his or her animals to become a public nuisance.
Animals who engage in excessive, continuous or untimely barking,
harassing persons, chasing vehicles, habitually attacking other animals,
trespassing upon school grounds, or trespassing, damaging private
property shall be deemed a public nuisance, and shall be impounded.
(G) The person responsible for any animal which has bitten a person or
another animal must report the incident to the Animal Control Agency, or
local Law Enforcement. Any animal which bites a person, or which has
possibly been exposed to rabies, shall be quarantined for not less than
ten (10) days in an animal shelter, in a kennel, or with a veterinarian.
During quarantine, if the animal is confined in the animal shelter, a
charge equal to the actual cost of housing the animal, not to exceed
fifty dollars ($50.00) per day shall be paid to the Humane Society. Also
during the quarantine period, the owner must provide a current rabies
vaccination certificate for his cat or dog that is being quarantined. If
proof of vaccination cannot be supplied, the animal will be vaccinated
by a veterinarian at the owner's expense before release. Upon receiving
information about any animal which has bitten a person or which has
possibly been exposed to rabies, the Police Department shall notify the
animal shelter. If a veterinarian determines that an animal in
quarantine is a possible rabies carrier, the County Health Office shall
be notified. Any necessary action shall be to confirm the diagnosis and
disposal of the animal.
(H) Each owner of a dog/cat which dog/cat is above the age of six (6)
months must procure a rabies vaccination for the animal. At the time of
the vaccination, the owner shall purchase a rabies tag from the
veterinarian. The animal must wear the tag at all times. Any person who
is found to have violated this provision of this code shall pay a fine
of not less than Thirty-five dollars ($35.00) for the first offense,
Seventy-five dollars ($75.00) for the second offense and One hundred
twenty-five ($125.00) for the third offense.
(1) However if the unvaccinated animal causes bodily injury to another
person or animal the fine will be not less than One hundred twenty-five
dollars ($125.00) and the Court shall conduct a vicious canine hearing
relating to the animal..
(I) This section of the code applies to the care of animals:
(1) No owner shall recklessly fail to provide animals with sufficient
good and wholesome food and water. Any person who violates this
provision and found guilty shall pay a fine not less than Fifty dollars
($50.00) for the first offense, One hundred dollars ($100.00) for the
second offense, and Two hundred twenty-five dollars ($225.00) for the
third offense.
(2) No owner shall recklessly fail to provide animals with proper
shelter and protection from the weather. Any person who violates this
provision and found guilty shall pay fine not less than Fifty dollars
($50.00) for the first offense, One hundred dollars ($100.00) for second
offense, and Two hundred twenty-five dollars ($225.00) for third
offense.
(3) No person shall recklessly fail to provide veterinary care for
animals. As used in this section, "veterinary care" means proper
grooming, medical treatment, and vaccinations against common disease.
Tail docking, ear cropping, or spay/neutering, when done by an
individual who is not a licensed veterinarian, is a violation of this
section. Any person who is found to have violated this provision shall
pay a fine not less than Seventy-five dollars ($75.00) for the first
offense, Two hundred twenty-five dollars ($225.00) for the second
offense, and Three hundred sixty dollars ($360.00) plus be deemed a
habitual offender for the third offense.
(4) No person shall recklessly beat, cruelly ill-treat, torment,
overload, overwork, or otherwise abuse any animal. Any person who is
found to have violated this provision shall pay a fine not less than
Seventy-five dollars ($75.00) for the first offense, Two hundred
twenty-five dollars ($225.00) for the second offense, and Three hundred
sixty dollars ($360.00) plus be deemed as a habitual offender for the
third offense.
(5) No person shall harbor any animal for the purpose of animal
fighting. If an owner possesses, harbors, or trains an animal that is
bearing a scar, a wound, or an injury consistent with participation in
or training for animal fighting contests, such evidence shall be prima
facie evidence of the commission of harboring an animal for fighting
purposes. Any person found guilty of this provision shall pay a fine
not less than Eight hundred dollars ($800.00) for the first offense, Two
thousand five hundred dollars ($2,500.00) and be deemed as a habitual
offender for the second offense. Any animal found in this condition
shall be impounded at the Animal Shelter until a judgment has been made
in a court of law.
(a) If a person is found guilty of harboring animals for the purpose of
fighting, the animals that are in question shall become the property of
the Humane Society and be humanely disposed of.
(b) If the person is found not guilty of this provision he/she is not
liable for any expenses occurred while animal is housed at the Animal
Shelter and the animals in question shall be returned to the owner.
(6) No owner shall abandon any animal. If a person is found guilty of
this provision the fine shall be not less than Fifty dollars ($50.00)
for the first offense, One hundred dollars ($100.00) for the second
offense, and Two hundred twenty-five dollars ($225.00) for the third
offense.
(7) No person shall own, store, sell, or purchase any animal fighting
paraphernalia including, but not limited to, treadmills, cat mills,
spring poles, or animal fighting literature. Animal fighting literature
can only be purchased by Animal Control Services for the purpose of
investigation. Any person found guilty of this provision shall pay a
fine of not less than Six hundred dollars ($600.00) for the first
offense, One thousand four hundred dollars ($1,400.00) for the second
offense, and Two thousand five hundred dollars ($2,500.00) plus be
deemed as a habitual offender for the third offense.
(J) No animal shall be tied or fastened by any rope, chain, or cord that
is directly attached to the animal's neck. Restrained animals must wear
a properly fitted collar or harness made of leather or nylon, not of the
choker type. This is not to prohibit the proper use of choker collars in
the training of animals. The tying device shall be attached to the
animal's collar or harness and shall be at least twelve (12) feet of
free length. All animals tethered on the owner's property shall not be
able to get closer than three (3) feet from any fence or from another
tethered animal. No animal will be tethered for 24 hours per day.
Reasonable exercise will be provided for the animal by the owner.
(K) Animals found in cruel, abusive, neglectful situations or abandoned,
as defined in the section above, may be promptly impounded if no
immediate contact with a responsible person can be made; provided
however, that the Animal Control Officer shall attempt to leave written
notice on the door of the residence telling the location of the animal
and the reason for impoundment.
Animals so removed will be impounded and held at the Animal
Control Agency or designated facility until such time the violator is in
compliance with this chapter; provided, however, that in no event shall
this period exceed three (3) days, at which time the animal shall become
the property of the Animal Control Agency, unless an extension is
necessary for the Animal Control Officer to have ample time to prepare a
court case if prosecution is warranted.
In the case of animals impounded for quarantine at the
Animal Control Agency, the animal will become property of the Agency if
not claimed by closing time of the Agency on the eleventh day of
quarantine.
Animals impounded for reasons beyond the control of the
owner, such as, but not limited to, house fire, death of the owner or
arrest of the owner, will be held for 10 days during which time a
reasonable effort will be made to contact the owner and/or their
representative. After the tenth day of impoundment, the animal will
become the property of the Animal Control Agency.
An Animal awaiting disposition by the court shall remain in
the custody of the Animal Control Agency, unless such disposition is
made, or placed in a foster home until legal arrangements have been
completed.
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. Cost of treatment, euthanasia and/or care shall
be the responsibility of the owner/agent.
(L) All animals kept inside or in a pen, tied, fastened, leashed, or
enclosed by a fence shall be kept in a sanitary manner. No animal shall
be kept in feces, mud, water, or with any debris. The person responsible
for the animals shall regularly maintain all areas of the animal
confinement. Any person found guilty of this provision shall pay a fine
not less than Fifty dollars ($50.00) for the first offense, One hundred
dollars ($100.00) for the second offense, and Two hundred twenty-five
dollars ($225.00) for the third offense.
(M) Persons responsible for an animal, except visually impaired person
working with service dogs, shall immediately remove the animal's
excrement from public lands, sidewalks and right of way (property
between sidewalks and streets) or from the property of another.
(N) 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 the Animal Control Service or the Police
Department.
(O) No animals shall be left unattended in a vehicle in excessive heat
(based upon Standardized Veterinarians Report) or when the conditions in
that vehicle would constitute a health hazard to the animal.
(P) This section of the ordinance shall apply to "vicious canines".
"Vicious canines include:
(1) Any canine which, according to the record of the appropriate
authority; provided, this section shall not apply to animals under the
control of a law enforcement or military agency:
(a) Did bite or attack once, causing wounds or injuries creating a
potential danger to the health or life of a human being without
provocation in a public or private place where the person was conducting
himself peacefully and lawfully;
(b) Required defense action by any person to prevent physical injury or
property damage, where the dog has acted without provocation, in a
public or private place where the person was conducting himself
peacefully and lawfully;
(c) Could not be controlled or restrained at the time of a bite or
attack upon a animal or person; and
(2) Any canine owned, harbored or trained primarily or in part for the
purpose of canine fighting.
(Q) A canine shall be declared a "vicious canine" only after the Animal
Control Service has received an Affidavit of Complaint by an individual
under oath, stating all pertinent facts to support the allegation that
the canine is vicious. If the Animal Control Service determines the
complaint is valid, the Animal Control Services shall file a complaint
in municipal court. The City Judge, after hearing all the evidence,
shall make the final determination as to whether the dog qualifies as a
"vicious canine".
(1) Any owner of a dog which qualifies under these statues as a "vicious
canine" must:
(a) Register the canine with the Animal Control Service within three (3)
months of the effective date of the ordinance, which registration shall
include two color photographs of the canine.
(b) Notify the Animal Control Service immediately if the canine is given
or sold to a new owner, providing the Animal Control Service with the
new owner's name, address, and telephone number.
Registration will continue, but the new owner must comply with the other
provisions of this statute.
(c) Notify the Animal Control Service immediately if the canine becomes
loose or unconfined, attacks livestock, another domestic animal or human
being, or inflicts any property damage.
(d) Notify the Animal Control Service of all offspring born to the
canine.
(e) Notify the Animal Control Service of the death of the canine.
(f) Confine the canine in a humane way inside or outside of the owner's
property, in a "secure enclosure" (as described in Section E of this
Code) so that it cannot escape of its own volition. The owner's property
must contain a sign easily readable to the public saying "Beware of Dog".
(g) Allow the canine to go off the owner's premises only when it is
muzzled and kept on a leash or restraint, no more than six feet long,
under the control of a responsible person.
(h) The canine must be "tattooed" or have a microchip placed in the
animal by a licensed veterinarian.
(j) Upon a second unrelated bite conviction, the canine may become the
property of the Marion-Grant County Humane Society, by order of the
Court, to be humanely disposed of.
A violation of this section of the ordinance shall be subject to the
penalties described in all other parts of the ordinance. In addition,
the City Judge in his/her discretion can order the canine impounded in
the Humane Society, at the owner's expense, until the owner complies
with the terms of this section, or can order the destruction of the
animal when necessary, to preserve the public health, safety and the
welfare of the community.
(R) No owner shall keep more than four dogs or cats, in any combination,
that are over 6 months of age that are unaltered. This does not apply to
any government animal control agencies, animal rescue organizations,
humane societies, or societies for the prevention of cruelty to animals
that have implemented an ongoing spay/neutering plan. All unaltered cats
and dogs over the amount of four shall be removed by the animal control
service and upon found guilty of this provision shall pay a fine of
Fifty dollars ($50.00) for the first offense, One hundred dollars
($100.00) for the second offense, and Two hundred twenty-five dollars
($225.00) and be deemed as a habitual offender for third offense.
(S) No person shall place or keep any of the following animals within
the city limits of the City of Marion: any and all hoofed animals,
including but not limited to poultry, equine (horses, mules), porcine
(pigs), bovine (cattle), sheep or goats. This section shall not apply to
ducks, geese, or swans which are confined in an owner's yard containing
a pond or other water area.
(T) It shall be unlawful and is hereby declared to be a public nuisance
for any person to use, place, set or cause to be set within the city or
upon lands owned by the city any traps except cage type live traps
approved by the Animal Control Agency and used for the control of
unrestrained or potentially dangerous animals. This prohibition shall
not apply to any trap specifically designed to kill rats, mice, gophers
or moles so long as the owner of the property is aware of the location
where the trap(s) are set and monitors said trap(s) at least once every
24 hours.
Traps discovered by the Animal Control Agency to have been
unlawfully set in the city may be seized and used as prima-facie
evidence that a violation has been committed. Upon conviction, said
trap(s) shall be forfeited to and disposed of by the Animal Control
Agency.
(U) Any person who shall become apprised of the death of any animal
owned by that person shall, within 12 hours thereafter, cause the same
to be removed from the premises and taken to the Animal Control Agency,
veterinarian or cemetery for disposal.
(V) The Animal Control Officer shall have powers in the enforcement of
this Code section. No person shall interfere with, hinder, molest,
abuse, or fail to provide identification to the Animal Control Officer
in the exercise of these powers.
(W) Any person who violates any provision of this Code section shall be
deemed guilty of an ordinance violation and upon conviction shall be
fined not less than Twenty-five dollars ($25.00) for the first offense,
Seventy-five dollars ($75.00) for second offense, and One hundred
twenty-five dollars ($125.00) for third offense, unless any provision of
this ordinance declares otherwise. The maximum fine for any offense
shall be Two thousand five hundred dollars (2,500.00). Each day any
violation continues or occurs shall be deemed a separate offense.
(X) A person shall be declared a habitual offender only after the Animal
Control Service has filed a complaint in the municipal court. The City
Judge after hearing all the evidence shall make a final determination as
to whether the person qualifies as a habitual offender.
(1) A person shall be declared a habitual offender if:
(a) Offender has been found guilty of four or more of the same
provisions in the last seven years, or;
(b) Offender has been found guilty of seven or more on any combination
of the provisions in the last three years; or
(c) Offender has been found guilty of a provision of this ordinance
which designates the Offender as a habitual offender; or
(d) Offender has been found guilty of any section of Indiana Statue
Codes 35-46-3-7 thru 35-46-3-13.
(2) Any person found guilty of being a habitual offender
shall not own, have possession of, or harbor any animals for a minimum
of one year but not more than five years as determined by the court. Any
animals owned or in the possession of the habitual offender at the time
of judgment shall be surrendered to the Humane Society and become the
property of the Humane Society.
(3) Any person after being found guilty of a habitual
offender who continues to own, harbor, or have possession of an animal
in violation of an order entered pursuant to subsection X(2) above shall
pay a fine of Two thousand five hundred dollars ($2,500.00) plus be
subject to a court hearing for being in contempt of court.
Y. Severability and Effect. If any provisions of this ordinance
or any application thereof, is held invalid, the invalidity shall not
effect other applications of the provisions or terms of this ordinance
which reasonable can be given effect without the invalid provision or
term or the application thereof.
Notwithstanding any provision of this ordinance, this
ordinance shall not be construed to repeal any former ordinance as to
any offense committed against such former ordinance or as to any act
done, any penalty, forfeiture or punishment so incurred or any right
accrued or claim arising under the former ordinance.
This ordinance shall be in full force and effect from and
after its passage and any and all necessary approval by the Mayor and
due publication.
PASSED AND APPROVED by the Common Council of the City of Marion,
Indiana, this _____ day of _________________, 200 .
***************
Common Council Members, City of Marion, Indiana
*******************
Alan Miller
765-677-2574
amiller@...
Del Garcia
765-662-9981
dgarcia@...
Steve Wright
765-668-2280
swright@...
David Homer
dhomer@...
Ann Secttor
asecttor@...
Justin Murrell
jmurrell@...
Henry Smith
765-664-0507
hsmith@...
Don Batchelor
765-668-4403
dbatchelor@...
Mark Smith
765-677-2353
marksmith@...
Mayor Wayne Seybold
City of Marion
Marion Municipal Building
301 S. Branson
Marion, IN 46952-4052
Phone: 765- 668-4404
enquiries@...
-
Keystone Kid
- Posts: 940
- Joined: Mon Sep 06, 2004 1:08 pm
- Location: North Central INDIANA
- Contact:
Friends & Fellow Dog Owners,
Sorry, to some of you this is a repeat, but I've added new people to this ground because Stephanie Lane Director, Canine Legislation, American Kennel Club sent me more contacts in Indiana.
There is a bad ordinance that the Grant County Humane Society is trying to pass through the Marion City Council. If you have has registered breeds that compete in performance & show events you'll be devastated. I think these (performance & show events) dog owners should be exempt.
Also, contact Debra Goodman at the Marion City
Clerk's Office. Tell Debra you want her to give each of the Marion City
Councilmen a copy of your letter against the Animal Control Ordinance
#42-2005.
Also ask "Debra" to see that Mayor, Wayne Seybold gets a copy of your letter also.
Here is Debra's contact information:
Debra Goodman
765-668-4423
dgoodman@marionindiana.us
Try to act quick on this issue. Time is of the essence! The second hearing on this ordinance is Tuesday January 3, 2006 at 7PM in Marion City Hall Court Room/City Council Room. Please pass the word around! I love to see several hundred supporter show-up.
Thanks!
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H (765) 674-3791
C (765) 661-4597
jheasley@indy.rr.com
Sorry, to some of you this is a repeat, but I've added new people to this ground because Stephanie Lane Director, Canine Legislation, American Kennel Club sent me more contacts in Indiana.
There is a bad ordinance that the Grant County Humane Society is trying to pass through the Marion City Council. If you have has registered breeds that compete in performance & show events you'll be devastated. I think these (performance & show events) dog owners should be exempt.
Also, contact Debra Goodman at the Marion City
Clerk's Office. Tell Debra you want her to give each of the Marion City
Councilmen a copy of your letter against the Animal Control Ordinance
#42-2005.
Also ask "Debra" to see that Mayor, Wayne Seybold gets a copy of your letter also.
Here is Debra's contact information:
Debra Goodman
765-668-4423
dgoodman@marionindiana.us
Try to act quick on this issue. Time is of the essence! The second hearing on this ordinance is Tuesday January 3, 2006 at 7PM in Marion City Hall Court Room/City Council Room. Please pass the word around! I love to see several hundred supporter show-up.
Thanks!
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H (765) 674-3791
C (765) 661-4597
jheasley@indy.rr.com
* I enjoy meeting new Beaglers & Squirrel Dog Owners. It's a blessing to find other's with such unique interests.
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
Sounds like another AKC echo. Exempt me, but regulate the others, just like its PAWS position. This is getting repetitive. I don't believe this ploy has worked yet. You better ask AKC-Raleigh (Mrs Lane) to come out to Marion and lead this defense personally.Keystone Kid wrote:Friends & Fellow Dog Owners,
Sorry, to some of you this is a repeat, but I've added new people to this ground because Stephanie Lane Director, Canine Legislation, American Kennel Club sent me more contacts in Indiana.
If you have has registered breeds that compete in performance & show events you'll be devastated. I think these (performance & show events) dog owners should be exempt.
jheasley@indy.rr.com
-
Keystone Kid
- Posts: 940
- Joined: Mon Sep 06, 2004 1:08 pm
- Location: North Central INDIANA
- Contact:
Bob, Mrs Lane and I have spoke several times. She has made no mention about making a trip to Marion.Bob Kane wrote:Sounds like another AKC echo. Exempt me, but regulate the others, just like its PAWS position. This is getting repetitive. I don't believe this ploy has worked yet. You better ask AKC-Raleigh (Mrs Lane) to come out to Marion and lead this defense personally.Keystone Kid wrote:Friends & Fellow Dog Owners,
Sorry, to some of you this is a repeat, but I've added new people to this ground because Stephanie Lane Director, Canine Legislation, American Kennel Club sent me more contacts in Indiana.
If you have has registered breeds that compete in performance & show events you'll be devastated. I think these (performance & show events) dog owners should be exempt.
jheasley@indy.rr.com
Fellow Dog Owners,
I just spoke with Debra Goodman in the Marion City Clerk's Office. She said she has only received a letter from me. She also said all the letter's she receives will go in the City Councilmen's packet on Thursday. So that only gives you two more days to email her you letters to the councilmen. Even send them if you can’t get them to her by Thursday morning December 15, 2005. It just won’t give the council & the mayor much time to study them all.
Also ask "Debra" to see that Mayor, Wayne Seybold gets a copy of your letter also.
Here is Debra's contact information:
Debra Goodman
765-668-4423
dgoodman@marionindiana.us
Thanks for your support!
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H (765) 674-3791
C (765) 661-4597
jheasley@indy.rr.com
* I enjoy meeting new Beaglers & Squirrel Dog Owners. It's a blessing to find other's with such unique interests.
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
-
jackrabbit
- Posts: 273
- Joined: Sat Dec 28, 2002 7:10 pm
- Location: statewide, Indiana
- Contact:
Same tired ole story
Bob since you continuely make it clear that you intend to do nothing to help this situation, please at least stay away from the issue. PAWS is but one issue, and we understand that many folks disagree with AKC's stance on it. The fact still remains that AKC does much good and works continuely to enrich the dog ownership experiance. Even with all the new registries out there AKC is still the most used and most widely respected. No other registration enhances a dogs value in the eyes of the dog community more than the AKC registration. AKC has also stepped up to the plate and sent a letter to the chairman of the Marion General Council encouraging them to find alternate means of controlling abandoned pets. With that said. please post the letter that you or your group has sent to the Council.
The Marion City Council will hold a public meeting Jan 3, 2006 on General Ordinance 42-2005 in Marion, Indiana. Please take time to send Debra Goodman, her email addy is in Heasley's post above, an email expressing your opposition to the pet ordiance as written. Ms. Goodman will get your email distributed to the council members. The information that Bob Kane supplied earlier in this post is outdated and the contact info is no longer valid. Jim Has supplied the proper means to communicate your feelings.
BOB. CAN WE PLEASE REFRAIN FROM PETTY GRIPES AND STICK TO THE ISSUE.
as always... happy hunting
Jack Hyden
Indiana Beaglers Alliance
The Marion City Council will hold a public meeting Jan 3, 2006 on General Ordinance 42-2005 in Marion, Indiana. Please take time to send Debra Goodman, her email addy is in Heasley's post above, an email expressing your opposition to the pet ordiance as written. Ms. Goodman will get your email distributed to the council members. The information that Bob Kane supplied earlier in this post is outdated and the contact info is no longer valid. Jim Has supplied the proper means to communicate your feelings.
BOB. CAN WE PLEASE REFRAIN FROM PETTY GRIPES AND STICK TO THE ISSUE.
as always... happy hunting
Jack Hyden
Indiana Beaglers Alliance
Jack Hyden, aka, jackrabbit
Indiana Beaglers Alliance
Indiana Beaglers Alliance
Re: Same tired ole story
Does anyone really believe that Jack Hyden really wrote that, even with the spelling errors? Look at any other post of his on this website and tell me he's not shilling for the AKC. Come on Jack - 'fess up. Is Mrs. Lane coming to Marion? The last time AKC sent someone out-of-state into Indiana for such a meeting, the guy spent two hours in a hunting dog owners meeting, wrote a report saying that the feds ran it, when in fact only state people were there. Keep playing that "exempt me - get the other guy" card, Jack.jackrabbit wrote: PAWS is but one issue, and we understand that many folks disagree with AKC's stance on it. The fact still remains that AKC does much good and works continuely to enrich the dog ownership experiance. Even with all the new registries out there AKC is still the most used and most widely respected. No other registration enhances a dogs value in the eyes of the dog community more than the AKC registration. AKC has also stepped up to the plate and sent a letter to the chairman of the Marion General Council encouraging them to find alternate means of controlling abandoned pets.
Jack Hyden
Indiana Beaglers Alliance
-
Keystone Kid
- Posts: 940
- Joined: Mon Sep 06, 2004 1:08 pm
- Location: North Central INDIANA
- Contact:
Along with Jack Hyden, this gal bellow from AKC has put me in touch with a world of helpful people that really know dog legislation. I learned a lot!
Thanks everyone. Know other dog registry has lifted a finger so far to help us.
Stephanie Lane
Director, Canine Legislation
American Kennel Club
5580 Centerview Drive
Raleigh, NC 27606
919-816-3721
919-816-4275 (fax)
Sincerely,
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H(765) 674-3791
C(765) 661-4597
jheasley@indy.rr.com
Thanks everyone. Know other dog registry has lifted a finger so far to help us.
Stephanie Lane
Director, Canine Legislation
American Kennel Club
5580 Centerview Drive
Raleigh, NC 27606
919-816-3721
919-816-4275 (fax)
Sincerely,
Region II Director, Indiana Beaglers Alliance
James W. Heasley
3912 S. Felton
Marion, IN 46953
H(765) 674-3791
C(765) 661-4597
jheasley@indy.rr.com
* I enjoy meeting new Beaglers & Squirrel Dog Owners. It's a blessing to find other's with such unique interests.
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
* I also enjoy helping future hunters.
http://www.heasleyskeystonekennels.com
-
jackrabbit
- Posts: 273
- Joined: Sat Dec 28, 2002 7:10 pm
- Location: statewide, Indiana
- Contact:
why are you such a bitter person Bob Kane
BOB KANE WHEN YOU SEND YOUR LETTER OF OBJECTION THEN COME TALK TO US...
The issue remains Marion, Indiana sportsmen and pet owners need help. they need everyone possible to write emails asking the Marion County Council to oppose ordinance 42-2005.
Thanks folks.
jack
The issue remains Marion, Indiana sportsmen and pet owners need help. they need everyone possible to write emails asking the Marion County Council to oppose ordinance 42-2005.
Thanks folks.
jack
Jack Hyden, aka, jackrabbit
Indiana Beaglers Alliance
Indiana Beaglers Alliance