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.

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.

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 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.

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.

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.

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.

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.

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.

Last Updated: 02/01/2006, 9:45 pm