ANIMAL CONTROL, ABEYANCE AND PENALTIES AND VIOLATION
WHEREAS, the Common Council of Sullivan, Indiana, recognizes the need to assure the safety and well-being of all citizens; and,
WHEREAS, it is conducive to the safety and well-being of the citizens of the City of Sullivan, Indiana, to control animals housed within the CIty of Sullivan;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SULLIVAN, INDIANA, AS FOLLOWS:
1. Definition of terms: "Animal" means any live, nonhuman vertebrate creature domestic or wild;
2. "At large" means any animal which is off the premises of his/her owner and not under control of a competent person, housed in a veterinary hospital or kennel, or on a leash. This provision shall not apply to outdoor cats.
3. "Restraint" means the securing of an animal by a leash or lead or on real property limits of its owners.
4. "Owner" shall mean any person or persons, firms, association or corporation owning, keeping, maintaining, sheltering or harboring an animal.
5. "Secure Enclosure" shall mean a pen with an attached top, bottom and sides that provide the animal with adequate shelter inside the enclosure and is securely locked by a padlock of sufficient size and capable of securely confining the animal. Pen must be self-standing with only one gate. Additionally, a yard with at least six (6) foot high fence is also an enclosure.
6. "Dangerous or Potentially Dangerous Animal" shall mean (a) any animal which, when unprovoked, chases a person upon the streets, sidewalks or any public or private property in a menacing fashion or with apparent attitude of attack; (b) any animal with a known disposition for an unprovoked attack and probability to cause injury, or to otherwise threaten the safety of humans, domesticated animals, or property; (c) any animal according to records of appropriate authority wihch has caused a minor to major injury to a domesticated animal, human or property; (d) any animal being owned or harbored primarily, or in part, for the purpose of animal fighting or any animal trained to fight; and (e) any animal being used as a weapon by owner or keeper, when unprovoked, causes injury or creates a public safety concern. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog.
7. "I.C." and "Indiana Code" means the statures which constitute the current laws covering and encompassing the State of Indiana.
The following shall constitute the provisions of the animal ordinance for the City of Sullivan, Indiana, as of the date of execution hereof:
A. This Ordinance No.: 2021-10 supersedes and replaces previous Sullivan City animal ordinances, specifically, Ordinance 82-5 and Ordinance 1977-4.
B. The following shall constitute "Unallowed animals" and shall mean the following animals which are not allowed within the limits of the City of Sullivan: any livestock which shall include, but not limited to, cattle, calves, horses, mules, donkeys, swine (including pot belly pigs), goats, any animals of the bovine, equine, ovine, caprine or porcine species, any animal being owned or harbored primarily, or in part, for the purpose of animal fighting or any animal trained to fight and any animal being used as a weapon by owner or keeper, when unprovoked, causes injury or creates a public safety concern. Additionally, any "exotic animal" as defined by 9 CFR 1.1 as any animal not identified in the definition of "animal" that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad shall likewise constitute an unallowed animal. This exclusion does not include chickens which are housed solely for the individual use/consumption of one homeowner. However, any chickens, chicken coops or chicken housing which becomes either a nuisance through malodorous or fetid smells, cleanliness, or being unrestrained within a fenced enclosure on the owner's property shall be subject to the terms of this ordinance.
C. There shall be a limit on the number of animals an owner shall maintain. Each residential site/owner located within the City of Sullivan shall be allowed a maximum of four animals. (This limit on animal ownership does not apply to licensed kennels.) All owners of any animals located within the City of Sullivan shall provide verification of rabies vaccination and/or all other required vaccinations for each animal in their care and control. If such limitation is exceeded or such rabies vaccination and/or other vaccination verification is not current or available when requested, such owner shall be subject to fines as set forth herein.
D. No animal, excluding felines, shall be allowed out of the owner's residential real estate unless such animal is secured by a restraint and in the control of a competent individual. At all times, the owner of any animal over three months of age or older in the city shall ensure that it bears personal identification at all times, such that the owner of a lost or stolen dog or can can be ascertained quickly; such identification may be via microchip or a permanent tag attached to a durable collar worn at all times by the dog or cat and such permanent tag shall include the name, address and telephone number of such owner. The owner of any animals found running at large shall be subject to fines as set forth herein and if it becomes necessary that such animal be picked up by proper authorities, the fines associated therewith are set forth herein. if any animal is picked up running at large on at least three occasions and provisions of proper restraint have not been met, such animal shall be permanently seized by the Sulivan County Humane Society.
E. No person shall keep or harbor any animal within the limits of the City of Sullivan, Indiana, which by excessive, untimely or habitual barking, howling, yelping or other noise, creates unreasonable loud noise so as to disturb other persons within the vicinity or interrupt the peace, quiet or good order of the community. Any violation of this paragraph shall be subject to fines as set forth herein.
F. No owner knowingly shall allow a dog or cat which is kept by that person to defecate or urinate on municipally owned or public land or building, or upon private property, in the City of Sullivan. If an animal defecates on property described in this section, the animal's owners shall remove any feces to a waste container or otherwise dispose of such material in a sanitary manner.
G. Complaints for violations of this ordinance are authorized by either written or oral complaints.
H. Fines for violation of this Ordinance or set forth below:
First Offense - $100.00 due and payable at City Hall within 30 days of imposition.
Second Offense - $500.00 due and payable at City Hall within 30 days of imposition.
Third Offense - The animal will be taken into custody by the Sullivan County Humane Society and evaluated. Such evaluation will determine if the animal is suitable for adoption. If such animal is determined not to be suitable for adoption, then, and in such event, such animal will be euthanized and owner will be fined $750 plus costs due and payable at City Hall within 30 days of imposition.
If any animal is caused to be picked up either running at large or for any other reason by the Sullivan County Humane Society, the owner is no only subject to fine by the City of Sullivan but will also be responsible for any and all costs associated through the Sullivan County Humane Society or its affiliates with such pick-up, return, emergency call, emergency treatment, etc.
If any fines due the City of Sullivan remain unpaid after thirty days, a suit shall be filed against such individual in the Sullivan Superior Court and in the event a judgment is rendered against the defendant, such judgment shall be levied upon by the CIty of Sullivan.
I. Any animal shall be deemed a "dangerous animal" in the following events:
a. After the second complain is filed against an owner/animal or in the event the animal control officer deems any animal, due to its continued egregious behavior, to be designated as a "dangerous animal"
b. In the event an animal, when unprovoked, attacks any person or other animal.
If an animal is adjudicated to be a dangerous animal, the animal control officer will make the following determinations:
a. To take such animal into the custody and control of the animal control officer and deliver same to the Sullivan County Humane Society for evaluation. If it is determined that such potentially dangerous animal cannot be rehabilitated, such animal shall be euthanized;
b. If the Sullivan County Humane Society evaluates such animal and it is determined that placing the animal in a secure enclosure as defined herein, will alleviate the threat of the animal doing harm to others, the owner of such animal shall immediately provide such enclosure (defined as a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner of keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping( and take all necessary steps to ensure that the enclosure meets the criteria as set forth herein and that such animal remains within the enclosure at all times. Any breach of the animal being detained in such secure enclosure will result in the animal immediately being taken into custody of the Sullivan County Humane Society and evaluated for potential euthanasia. The owner of such animal will be responsible for the prompt payment of any and all fines and costed associated therewith.
c. If an animal owner disagrees with the determination that such animal has been determined a potentially dangerous animal, such animal owner may appeal the determination in writing with seven (7) days. Such appeal shall be filed with the Sullivan County Humane Society and within five (5) days thereafter, the Sullivan County Humane Society shall have such animal, the history of such animal's behavior and all complaints filed against such animal evaluated by a member of the Sullivan County Humane Society Board, a member of the CIty Council and a resident of the City of Sullivan and a determination by such three individuals whether to uphold or overturn such potentially dangerous animal determination shall be binding.
J. If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application and to this end, the provisions of this ordinance are severable.
Adopted by the Common Council of the City of Sullivan, Indiana, on the 9th day of November, 2021.
Sue Pitts, Clerk/Treasurer
APPROVED by Clint D. Lamb, Mayor of the City of Sullivan, Indiana, on the 9th day of November, 2021.
Clint D. Lamb, Mayor,
City of Sullivan
03-07-2022 – 1t hspaxlp