| Information found here: Pet Ordinances Common Concerns: -Number of dogs/cats permited in one home in Seymour without Kennel license: Four (4) -For definition of a kennel see Kennel Operator under Definitions. -For cat registration see 97.5 The following are local pet laws for Seymour, Indiana. |
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General Provisions
97.01 Definitions
97.02 Dog and kennel licensing; state law adopted
97.03 Supplemental Laws
Regulations and Restrictions
97.15 Cat registration and tag required
97.16 Restraint Regulations
97.17 Nuisance Prohibited
97.18 Impoundment regulations; reclamation
97.19 Animal Care and treatment
97.20 Wild Animals
97.21 Rabies prevention regulations
Commercial Animal Establishments
97.35 Permit required
97.36 Inspection
97.37 Permit Application and issuance
97.38 Establishment standards
97.39 Term of permit; fees
97.40 Reclassification
Kennels or Noncommercial Animal Establishments
97.50 Permit required
97.51 Permit application and issuance
97.52 Kennel standards
97.53 Term of permit; fees
97.54 Reclassification
Dog Regulations and Licensing
97.65 License required; fees
97.66 Running at large prohibited
97.67 Nuisances; barking or unsanitary pen
97.68 Owner liability
Administration
97.80 Animal control authority
97.81 Animal control; duties and powers
97.82 Disposition of funds
97.99 Penalty
Statutory reference: Animals running at large, see I.C. 15-2.1-21-8
Dog regulations, see I.C. 15-5-9-1 et seq.
97.01 DEFINITIONS
For the purposes of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
AGENCY SHELTER. Any facility operated by an Agency Shelter or municipal agency,
or its authorized agents, for the purpose of impounding or caring for animals held under
the authority of this chapter or of state law. The animal shelter operating under contract,
let, or other authority for the city shall be known as the AGENCY SHELTER.
ANIMAL. Any live, non-human vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER. The animal control officer of the city Police
Department.
AT LARGE. Any animal shall be deemed AT LARGE when it is not under restraint.
AUCTION. Any place or facility where animals are regularly bought, sold, or traded,
except for those facilities otherwise defined in this chapter.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, auction, riding school or
stable, zoological park, circus, or performing animal exhibition.
DOMESTIC ANIMAL. Any animal that is a member of one of the following species that
is not a wild animal:
(1) Dogs, cats, cattle, calves, horses, mules, swine, sheep, goats, mice, rats, rabbits,
guinea pigs, chinchillas, hamsters, gerbils, poultry, ostriches, rhea, emus, or other birds,
or non-poisonous snakes;
or
(2) An animal of the bovine, equine, ovine, caprine, porcine, canine, feline, avian,
camelidae, cervidae, bison,, or reptile species.
FRESH PURSUIT. The immediate following of an animal that is found to be at large
and not on the owner's property.
HARBORING. The actions of any person, 18 years of age or older, that permits any
animal habitually to remain or lodge or to be fed within his or her home, store, enclosure,
yard, or place of business, or any premises on which that person resides or controls. An
animal shall be presumed HARBORED if it is fed or sheltered for three consecutive days.
KENNEL. Any establishment wherein any person engages in boarding, breeding,
buying, keeping, letting for hire, training for a fee, or selling dogs or cats.
KENNEL OPERATOR. Anyone keeping a total of more than four adult dogs and/or
cats.
OWNER. Any person owning, keeping, or harboring one or more animals.
PERFORMING ANIMAL EXHIBITION. Any spectacle, display, act, or event, other
than circuses, in which performing animals are used.
PERSON. Any individual, firm, association, joint stock company, syndicate,
partnership, or corporation.
PET. Any animal kept for pleasure rather than utility.
PET SHOP. Any person, whether separately or in connection with another business
enterprise, except for a kennel, that buys, sells, or boards any species of animal.
PUBLIC NUISANCE. Any animal or animals that:
(1) Molest passers by or passing vehicles;
(2) Attack other animals;
(3) Damage public property or private property; or
(4) Bark, whine, or howl in an excessive or continuous fashion.
RESEARCH LABORATORY. Any animal research facility registered with the U.S.
Department of Agriculture under authority of the federal Laboratory Animal Welfare Act,
21 USC 2132 et seq.
RESTRAINT. The securing of an animal by a leash or lead or confining it within the
real property limits of its owner.
RIDING SCHOOL OR STABLE. Any place that has available for hire, boarding, or
riding instruction, any horse, pony, donkey, mule, or burro.
STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner.
VETERINARY HOSPITAL. Any establishment maintained and operated by a
veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
VICIOUS ANIMAL. Any animal that by its behavior constitutes an immediate and
serious physical threat to human beings or animals.
WILD ANIMALS. Any animal not a domestic animal, with the exception of small,
non-poisonous aquatic or amphibious animals and small cage birds.
ZOOLOGICAL PARK. Any facility, other than a pet shop or kennel, displaying or
exhibiting, without the predominant purpose of selling, one or more species of
non-domesticated animals, operated by a person or government agency. (1987 Code
6-112) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 19, 2001, passed 8-27-2001)
97.02 DOG AND KENNEL LlCENSING;
STATE LAW ADOPTED.
All of the terms and conditions of I.C. 15-5-9-1 et seq. and any amendments thereto
regarding the licensing and taxation of dogs and kennels are hereby adopted by
reference. (1987 Code, 6-115) (Ord. 20, 1995, passed 8-14-1995)
STATE LAW ADOPTED.
All of the terms and conditions of I.C. 15-5-9-1 et seq. and any amendments thereto
regarding the licensing and taxation of dogs and kennels are hereby adopted by
reference. (1987 Code, 6-115) (Ord. 20, 1995, passed 8-14-1995)
97.03 LAWS SUPPLEMENTAL.
(A) All other ordinances of the city that are in conflict with this chapter are repealed to
the extent of the conflict.
(B) However, the provisions of this chapter supplemental all laws of the state and
county, if any, covering the same subject matter. (1987 Code, 6-124.3)
(Ord. 13, 1995, passed 5-8-1995)
(A) All other ordinances of the city that are in conflict with this chapter are repealed to
the extent of the conflict.
(B) However, the provisions of this chapter supplemental all laws of the state and
county, if any, covering the same subject matter. (1987 Code, 6-124.3)
(Ord. 13, 1995, passed 5-8-1995)
97.15 CAT REGISTRATION AND TAG
REQUIRED
(A) Every person who owns, keeps, or harbors a cat six months of age or older, shall
register the animal with the Clerk-Treasurer or authorized agent. The Clerk -Treasurer
or authorized agent shall issue to the owner, keeper, or harborer of a cat an
identification tag imprinted with the Clerk-Treasurer's name and phone number, along
with an identification number issued only to that particular cat. The Clerk-Treasurer
shall issue a receipt to the owner, keeper, or harborer of a cat. The receipt shall
contain the identification number assigned to the cat. The fee for the identification tag
shall be set by the Clerk- Treasurer, not to exceed the sum as given in Ch. 36 of this
code. This fee will be paid only once for the life of the cat, unless the tag is lost,
destroyed or stolen; then a replacement fee may be charged.
(B) The Clerk-Treasurer shall maintain a master list of all identification tags and
numbers issued to cats. The list shall contain the owner's name, address, and phone
number. (1987 Code, 6-117) (Ord. 20, 1995, passed 8-14-1995; Am. Ord. 1,
2000, passed 1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
97.16 RESTRAINT REGULATIONS.
(A) General requirements.
(1) All animals shall be properly restrained, including, but not limited to, electronic
fencing devices.
(2) No animal shall be hitched, tied, or fastened by any rope, chain, or cord that is
directly attached to the animal's neck. Animals that must be tied, hitched, or fastened to
restrain them must wear a properly fitted collar or harness made of leather or nylon, not
of the choker type.
(3) This is not to prohibit the use of choker collars while walking with or in the training
of animals. The tying device shall be attached to the animal's collar or harness and
shall be at least ten feet in length.
(B) Animals in heat. Every female animal in heat shall be confined in a building or
secure enclosure in such a manner that the animal cannot come into contact
with a male animal of the same species except for planned breeding.
(C) Vicious animals. Every vicious animal, as determined by the animal control
officer, shall be confined by the owner within a building or secure enclosure and shall
be securely muzzled or caged whenever off the premises of the presumed that an
animal is vicious if it has previously bitten at least one person. (987 Code, 6-120)
(Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 200, passed 1-24-2000; Am. Ord. 19,
2001, passed 8-27-2001) Penalty, see 97.99
97.17 NUISANCE PROHIBITED.
No owner shall fail to exercise due care and control of his or her animals to prevent
them from becoming a public nuisance. (1987 Code, 6-121) (Ord. 13, 1995,
passed 5-8-1995; Am. Ord 1,2000, passed 1-24-2000; Am. Ord. 19, 2001, passed
8-27-2001) Penalty, see 97.99
97.18 IMPOUNDMENT REGULATIONS;
RECLAMATION.
(A) Animals to be impounded.
(1) At-large animals, nuisance animals, and animals which have bitten persons may be
taken by law enforcement officers or by any animal control officer and impounded in the
Agency Shelter and there confined in a humane manner.
(2) In lieu of impounding and animal which is at large, unlicensed, or a public nuisance
according to this chapter, the law enforcement officer or animal control officer may
issue to the known owner of that animal a notice of code violation.
(3) Any animal deemed to be suffering or which has a contagious and serious medical
condition with little or no chance of survival or by a court order may be humanely
euthanized before the holding period has expired.
(B) Jurisdiction for impoundment. The jurisdiction of the city Police Department for
the purposes of this chapter shall be within the city limits of the municipality.
(C) Notice and terms of impoundment. If by a license tag or other means the owner
of an impounded animal can be identified, the animal control officer shall immediately
upon impoundment notify the owner in person, by telephone or registered mail.
Aggressive animals, including feral cats, whose owners are not identifiable or cannot be
notified after reasonable effort shall be held for three nights from impoundment before
becoming the property of the Agency Shelter. Animals that are the property of the
Agency Shelter may be placed for adoption of humanely euthanized.
(D) Impounded animals; reclamation.
(1) An owner reclaiming an impounded dog or cat shall pay a board fee as set forth in
Ch. 36 of this code for each night the animal was impounded, in addition to any fines
due for any violations of this title. An owner reclaiming an impounded animal other than
a dog or cat shall pay a board fee in keeping with the size and needed care of the
animal in addition to any fines due for any violation of this title.
(2) An owner reclaiming an impounded animal that is not under the jurisdiction of the
city shall pay, in addition to the board fee, a fee, increasing by an increment each
subsequent time the animal is reclaimed, not to exceed a maximum, all as set forth in
Ch. 36 of this code. In the event the animal is not impounded for a period of 12
consecutive months, the fee for reclamation after that period shall be the initial fee, with
the fee increasing by an increment each subsequent time the animal is impounded, not
to exceed the maximum, as set forth in Ch. 36 of this code.
((1987) Code, 6-122) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000, passed
1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001; Am Ord.15, 2002, passed
8-12-2002) Penalty, see 97.99
97.19 ANIMAL CARE AND TREATMENT.
(A) Giving animals as prizes. No person or group of persons shall give away any
live animal, domestic animal, or reptile as a prize for, or as an inducement to enter any
contract, game, or other competition, or as an inducement to enter a place of
amusement; or offer such a vertebrate as an incentive to enter into any business
agreement in which the offer was for the purpose of attracting trade.
(B) Poisoning animals. No person shall expose any known poisonous substance,
whether mixed with food or not, so that it shall be liable to be eaten by an animal;
provided, that it shall not be unlawful for a person to expose on his or her own property
common rat or mouse poison, unmixed or mixed only with vegetable substances.
(C) Motor vehicle accidents involving animals. Any person who, as the operator of a
motor vehicle, strikes a dog or cat, shall at once report the accident to the appropriate
law enforcement agency.
(D) Use of devices to induce performance. No performing animal exhibition or circus
shall be permitted in which animals are induced or encouraged to perform through the
use of chemical, mechanical, electrical, or manual devices in a manner that is likely to
cause physical injury or suffering.
(E) General animal care.
(1) Every owner of an animal within the city shall see that his or her animal:
(a) Is kept in a clean, sanitary, and healthy manner and is not confined so as to
be forced to stand, sit, or lie in its own excrement;
(b) Has proper and adequate food, water, shelter, and protection from the
weather;
(c) If diseased or injured, receives care as necessary to prevent suffering and, if
diseased, is segregated from other animals so as to prevent the transmittal of the
disease to other animals;
(d) Is not beaten, cruelly ill-treated, overloaded, overworked, or otherwise abuse
any animal or cause, instigate, or permit any dog fight, cockfight, bullfight or other
combat between animals or between animals and humans; and
(e) Is not physically altered in any manner by anyone other than a veterinarian,
with the exception of tattooing and grooming.
(2) Division (E) (1) above shall also apply to animals kept at any Agency Shelter.
(F) Abandonment. No owner of an animal or any other person shall abandon an
animal.
(G) Destruction of animals. No person other than a duly authorized agent of the
Agency Shelter may destroy any domestic animal within the city limits; provided,
however, this provision shall not apply to the following:
(1) A licensed veterinarian or registered animal technician;
(2) Those persons acting in immediate self-protection;
(3) City police officers or firefighters acting to prevent undue suffering; or
(4) Licensed butcher and slaughterhouse establishments.
(H) Substances permitted for use. The Agency Shelter, other animal shelters, and
public animal facilities which destroy animals in the city, shall use only sodium
phenobarbital or a derivative substance for that purpose.
(I) Persons authorized to destroy animals. Only persons trained in humane procedures
by licensed veterinarians or by registered animal technicians shall perform the
destruction of animals in a humane manner.
(J) Assurance of death prior to disposal. No animal's body shall be disposed of until all
vital signs are checked (fixed pupil, cessation of heartbeat and respiration) to assure
that death has occurred. ((1987 Code, 6-123) (Ord. 13, 1995, passed 5-8-1995); Am.
Ord. 1, 2000, passed 1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001) Penalty, see
97.99
97.20 WILD ANIMALS.
(A) Keeping wild animals.
(1) No person shall keep or permit to be kept on his or her premises any wild or
vicious animal for any purpose, except as provided in division (B).
(2) This section shall not be construed to apply to zoological parks, circuses,
performing animal exhibitions, or research laboratories.
(B) Exceptions.
(1) Any person owning a wild animal prior to the enactment of this chapter shall be
permitted to continue ownership of the animal; provided, that he or she registers the
animal with the conservation officer within six weeks after enactment of this chapter.
(2) A copy of the registration must be kept by the owner as evidence of possession of
the animal prior to the enactment of this chapter. (1987 Code, 6-124) (Ord. 13,
1995, passed 5-8-1995; Am. Ord 1, 2000, passed 1-24-2000; Am. Ord. 19, 2001,
passed 8-27-2001) Penalty, see 97.99
97.21 RABIES PREVENTION REGULATIONS.
(A) Rabies vaccination required. It is unlawful to own or harbor a dog or cat over the
age of six months without a valid rabies vaccination.
(B) Animals biting persons. If an owned or stray animal has bitten a person, the animal
shall be impounded in the Agency Shelter, veterinary hospital, or kennel, or the owner's
property, at the discretion of the animal control officer, at the owner's expense. This
impoundment shall be for a period of ten days. If the animal dies during that period it
shall, at the owner's expense, be sent to the proper authorities to determine whether or
not it was rabid. If the owner cannot be found, existing state law shall prevail.
(C) Disposition of exposed animals. Any animal that has been bitten by an animal
known to have rabies shall be confined for a period up to six weeks at the owner' s
expense or be destroyed.
(D) Duties of the owner of a suspect animal. It is unlawful for any owner knowing an
animal to have rabies to allow the animal to leave his or her premises, except to be
taken to the Agency Shelter or to a veterinarian. Every owner, upon ascertaining an
animal is rabid, shall immediately notify the appropriate law enforcement agency. (1987
Code, 6-124.1) (Ord. 1995, passed 5-8-1995; Am. Ord. 1,2000, passed
1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001) Penalty, see 97.99
COMMERCIAL ANIMAL ESTABLISHMENTS
97.35 PERMIT REQUIRED.
(A) No person shall operate a commercial animal establishment except for the Agency
Shelter, without first obtaining a permit in compliance with this subchapter.
(B) Every facility regulated by this subchapter shall be considered a separate
enterprise and shall require an individual permit. (1987 Code 6-118) (Ord. 13,
1995, passed 5-8-1995; Am. Ord. 1, 2000, passed 1-24-2000; Am. Ord. 19, 2001,
passed 8-27-2001) Penalty, see 97.99
97.37 PERMIT APPLICATION AND
ISSUANCE.
Applicants must apply for permits required by this chapter with the Clerk-Treasurer. The
application must contain, in addition to the information whether the applicant has been
convicted of cruelty to animals, a statement that the applicant complies and will comply
with the regulations promulgated under authority of 97.81 (B) of this code, and that he
or she authorizes the Police Department to inspect the facilities and animals. The permit
shall be issued when the applicant complies with the laws and regulations pertaining to
the issuance of permits, and pays the fees required. If the applicant withholds or
falsifies any information on the application, the permit shall not be issued, and any
permit issued upon false or withheld information shall be null and void. No permit to
operate a commercial animal establishment shall be issued to an applicant who has
been convicted of cruelty to animals without review by the Board of Public Works and
Safety. (1987 Code, 6-118) (Ord.13, 1995, passed 5-8-1995; Am Ord. 1, 2000,
passed 1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
97.38 ESTABLISHMENT STANDARDS.
In order to be eligible to obtain a permit, a commercial animal establishment must:
(A) Be operated in such a manner as to not constitute a public nuisance;
(B) Provide an isolation area for animals which are sick or diseased to be sufficiently
removed so as to not endanger the health of other animals;
(C) Keep all animals caged, within a secure enclosure or under the control of the owner
or operator at all times;
(D) With respect to all animals kept on the premises, comply with all of the provisions of
this chapter providing for the general care of animals; and
(E) Not sell animals which are unwanted, strays or obviously diseased. (1987 Code,
6-118) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000, passed 1-24-2000;
Am Ord. 19, 2001, passed 8-27-2001)
97.39 TERMS OF PERMIT; FEES
(A) Permit period. The commercial animal establishment permit period shall begin
on January 1 and shall run for one year. Applicants requiring a permit during the year
shall pay a pro rata fee for the remaining portion of the year. Applications must be
made within ten days of the establishment of a commercial animal establishment.
(B) Fees.
(1) Fees for permits shall be in amounts as set forth in Ch. 36 of this code.
(2) No fee shall be required of any veterinary hospital, animal shelter, research
laboratory, or government-operated zoological park. (1987 Code, 6-118) (Ord. 13,
1995, passed 5-8-1995; Am Ord. 1, 2000, passed 1-24-2000; Am. Ord. 19, 2001,
passed 8-27-2001)
97.40 RECLASSIFICATION
Any person who has a change in the category under which the commercial animal
establishment permit was issued shall report the change to the Clerk-Treasurer and
apply for the new permit required. Appropriate changes, including pro-rata credit for the
previous permit, shall be made by the Clerk-treasurer. (1987 Code, 6-118) (Ord.
13, 1995, passed 5-8-1995; Am. Ord. 1,2000, passed 1-24-2000; Am. Ord 19,2001,
passed 8-27-2001)
97.50 PERMIT REQUIRED.
No person shall operate a kennel without obtaining a permit in compliance with this
subchapter. Dogs and cats housed in a kennel need not have licenses. (1987
Code, 6-119) (Ord. 13, 1995, passed 5-8-1995; Am. Ord.1, 2000, passed
1-24-2000; Am Ord. 19, 2001, passed 8-27-2001) Penalty, see 97.99
97.51 PERMIT APPLICATION AND
ISSUANCE.
Applicants must apply for permits required by this chapter with the Clerk-Treasurer. The
application must contain, in addition to whether the applicant has
been convicted of cruelty to animals, a statement that the applicant complies and will
comply with the regulations promulgated under authority of 97.81 of this code, the
number, breed, color, and sex of each dog or cat held, and the location in the city at
which the animals will be housed as of the time of application. If the applicant withholds
or falsifies any information, no permit shall be issued, and any permit issued upon false
or withheld information shall be null and void. No person who has been convicted of
cruelty to animals shall be issued a permit without review by the Board of Public Works
and safety. If the proposed or existing site of the kennel is not located in an area zoned
for kennels, the application will not be accepted. If not accepted because of zoning, the
applicant must then, within a period of two months, apply to the Board of Zoning
Appeals for variance, and if a variance is granted, and all other requirements are met,
the application shall be accepted. (1987 Code, 6-119) (Ord. 13, 1995, passed
5-8-1995; Am. Ord. 1, 2000, passed 1-24-2000; Am. Ord. 19,2001, passed 8-27-2001)
97.52 KENNEL STANDARDS
In order to be eligible to obtain a permit, a kennel must:
(A) Be operated in such a manner as not to constitute a public nuisance;
(B) Provide an isolation area for animals which are sick or diseased that is sufficiently
removed so as not to endanger the health of other animals;
(C) Keep all animals caged, within a secure enclosure, or under the control of the
owner or operator at all times;
(D) With respect to all animals kept in the premises, comply with all of the provisions
of this chapter providing for the general care of animals; and
(E) Not sell animals which are unweaned or obviously diseased.
(1987 Code, 6-119) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000, passed
1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
97.53 TERM OF PERMIT; FEES.
(A) Kennel permit period. The kennel permit period shall begin on January 1 and shall
run for one year. Applicants requiring a permit during the year shall pay a pro rata fee
for the remaining portion of the year. Application must be made within ten days of the
creation of the kennel.
(B) Fees. Fees for noncommercial animal permits shall be as set forth in Ch. 36 of
this code. (1987 Code, 6-119) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1,
2000, passed 1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
97.54 RECLASSIFICATION.
Any person who has a change in the category under which the kennel or
noncommercial animal permit was issued shall report the change to the Clerk-Treasurer
and apply for the new permit required. Appropriate changes, including pro rata credit
for the previous permit, shall be made by the Clerk-Treasurer.
(1987 Code, 6-119) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000, passed
1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
DOG REGULATIONS AND LICENSING
97.65 LICENSE REQUIRED; FEES
(A) Harboring defined. For the purpose of this subchapter, the following definition shall
apply unless the context clearly indicates or requires a different meaning.
HARBORING. Any person who shall suffer or permit any dog over three
months old to frequent or remain on or within his or her house, building, enclosure, or
premises, or who shall feed, lodge, or otherwise retain the dog, shall be considered as
HARBORING the same.
(B) License required. It shall be unlawful for any person to own, keep, or harbor
any animal of the dog kind over three months old within the limits of the city without
obtaining a license therefor, as hereinafter required.
(C) Fees. Every person keeping or harboring any animal of the dog kind over
three months old, shall on or before March 1 each year have the dog registered on the
office of the City Clerk-Treasurer, and shall pay to that office the sum as set forth in Ch.
36 of this code for each dog by him or her owned, kept, or harbored.
(D) Tags. Upon the payment of the sum required by the preceding division, the City
Clerk-Treasurer shall issue to the person so owning, keeping, or harboring a dog, a
written license authorizing the keeping of that dog within the city limits, and shall deliver
to that dog owner a metal check marked or numbered to correspond with the license
and shall duly register the license in a book prepared for that purpose. The license and
the entry in the license book shall set forth the number of license issued, the name of
the owner, keeper, or person harboring the dog, the sex, color, and breed of the dog,
the date when the license was issued and when it will expire, and the amount which has
been paid as a license fee.
(E) Expiration and non-transferability. All dog licenses shall expire on Dec 31 of each
year and shall not be transferable.
(1987 Code, 4-22) (Ord. 856, passed 11-16-1923) Penalty, see 97.99
97.66 RUNNING AT LARGE PROHIBITED.
It shall be unlawful for the owner, keeper, harborer, or person having control of charge
of any dog, licensed or unlicensed, in the city, to permit it to run at large within the limits
of the city.
(1987 Code, 4-22) (Ord. 1320, passed 7-11-1960) Penalty, see 97.99
97.67 NUISANCES; BARKING OR
UNSANITARY PEN.
(A) It is declared a nuisance for any person to keep or harbor, within the limits of the
city, any dog which howls or barks to the annoyance of the inhabitants of the city, and it
is declared unlawful for any person to create, continue, contribute to, or suffer this
nuisance to exist within the limits of the city.
(B) Furthermore, it shall be the responsibility of any person owning, keeping, or
harboring any dog in the city limits to keep aforementioned dog's pen or run in a
sanitary condition. Failure to do so will be considered a public nuisance.
(C) All complaints pertaining to this section must be signed by those persons making
the complaint.
(1987 Code 4-22) (Ord. 1320, passed 7-11-1960) Penalty, see 97.99
97.68 OWNER LIABILITY.
The owner or keeper of a dog shall be liable for any damage or injuries caused by the
dog unless that damage or injury was to the body of property of a person who, at the
time the damage or injuries were sustained, was committing a trespass on the property
of the owner, or was, at the time of the injury or damage, teasing, tormenting, or
abusing the dog on the owner's or keeper's property.
(1987 Code, 4-22) (Ord. 1320, passed 7-11-1960)
ADMINISTRATION
97.80 ANIMAL CONTROL AUTHORITY
(A) The governing entity for animal control issues shall henceforth be the Board of
Public Works and Safety of the city.
(B) The city Police Department and its animal control officer shall be responsible for
the implementation and enforcement of this chapter.
(C) (1) The City Clerk-Treasurer shall be responsible for collecting all fees, fines, and
penalties set forth in this chapter.
(2) The Clerk-Treasurer shall also be responsible for issuing all licenses and permits
required by this chapter.
(3) The Agency Shelter shall not have any authority to collect fines and fees or issue
licenses and permits.
(Ord. 19, 2001, passed 8-27-2001)
97.81 ANIMAL CONTROL;
DUTIES AND POWERS
(A) Animal control responsibility. The positions of animal control officers shall be
appointed by the Police Department with the approval of the Mayor and Board of Public
Works and Safety.
(B) Regulations. The Police Department, with the approval of the Board of Public
Works and Safety, shall promulgate regulations for the issuance and maintenance of all
licenses and permits and adoption of animals from the Agency Shelter and shall include
requirements for humane care of all animals and for compliance with the provisions of
this chapter. All regulations shall be approved by the City Council before made
effective.
(C) Police Department; duties, jurisdiction, and powers. The Police Department and its
agents and employees shall carry out and supervise the enforcement of this chapter
within the city. All those powers ordinary and necessary to carry out their duties shall be
vested in them.
(1) These duties and powers shall specifically include, but not be limited to:
(a) To educate the public concerning humane ethics, consequences of pet
overpopulation, and their responsibilities as pet owners;
(b) To maintain the physical facility herein known as the Agency Shelter which
shall be operated in a humane manner in accordance with the standards set forth in
the ordinance and established rules and regulations;
(c) To make an annual report to the Board of Public Works and Safety and the
City Council concerning the animal control within the city;
(d) To prepare and submit to the City Council for approval an annual budget of
funds adequate to carry out the purposes of this chapter;
(e) The power to apprehend and impound any animal that appears to be stray
or at large;
(f) The power to apprehend and impound any animal that is on the owner's
property without being under physical or electronic restraint and posing as immediate
physical danger to the community. This impoundment must be preceded by written
certification by a witness or by the Police Department. However, no animal shall be
apprehended and impounded if the owner is available and capable of restraining the
animal or there is other means of restraint available;
(g) The power to issue official warning or a notice of code violation for
violations of this chapter;
(h) The power to apprehend and impound any animal when the Police
Department or staff have probable cause to believe the animal has been treated
cruelly, neglected, or used by the owner or agent in a fighting contest; and
(i) The power to enter private real property in fresh pursuit of an animal to
enforce this chapter.
(2) In performing their duties, the Police Department and staff shall, however, be
specifically prohibited from:
(a) Entering a dwelling unit or secured area without the dwelling unit owner's
permission or being accompanied by a uniformed law enforcement officer with a warrant
authorizing the entry;
(b) Carrying firearms; or
(c) Making arrests of human beings.
(D) Interference with animal control officer; penalty. Whoever forcibly assaults, resists,
opposed, obstructs, prevents, impeded, or interferes with any animal control officer
while that officer is engaged in the execution of any duties required of those officers
under this chapter shall be cited by the animal control officer and ordered to appear
before the Board of Public Works and Safety for a hearing.
(1) Hearings held pursuant to this section shall be held on a business day no earlier
than ten days after notice of the order to appear was issued. The Board of Public
Works and Safety may, however, take action at the hearing, or before the hearing is a
written request is received by the animal control officer not later than five days after
notice is given, to continue the hearing to a business day not later than 14 days after
the hearing date shown on the order. Unless the Board of Public Works and safety
takes action to have the continued hearing held on a definite, specified date, notice of
the continued hearing must be given to the person to whom the order was issued at
least five days before the continued hearing date, by certified U.S. mail, return receipt
requested.
(2) The person to whom the order was issued or any other person with an interest
in the proceedings may appear in person or by counsel at the hearing. Each person
appearing at the hearing is entitled to present evidence, cross- examine opposing
witnesses , and present arguments.
(3) At the conclusion of any hearing at which a continuance is not granted, the
Board of Public Works and Safety may make findings and take action to:
(a) Issue a code violation and impose a fine upon the violator pursuant to the
fine schedule established by the Board of Public Works and Safety;
or
(b) Rescind the citation.
(4) The record of the findings made and action taken by the Board of Public Works
and safety at the hearing shall be available to the public upon request. However,
neither the animal control officer nor the Board of Public Works and Safety is required
to give any notice of the findings and action.
(1987 Code, 6-114) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000, passed
8-27-2001) Penalty, see 79.99
97.82 DISPOSITION OF FUNDS
All fees or monies collected shall be paid to the Clerk-Treasurer. The Clerk-Treasurer
shall issue a receipt for all monies received and shall deposit all monies in the
appropriate city account daily. Money so paid shall be used by the Board of Public
Works and Safety in carrying out the provisions of this chapter.
(1987 Code, 6-124.3) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000 passed
1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
97.99 PENALTY
(A) Any person violating any provision of this chapter for which no other penalty is
provided shall, upon conviction, be subject to penalties as provided in 10.99 of this
code.
(B) (1) Any animal control officer may issue to any person in violation of this chapter a
notice of code violation. The penalty established in division (B) (2) below may, at the
discretion of the animal owner, be paid within 72 hours at the office of the
Clerk-Treasurer in full satisfaction of the assessed penalty. In the event that payment is
not made within the period prescribed, proceedings shall be filed in the Circuit Court or
Superior Court of the County.
(2) Persons who violate any provision as named above in division (B) (1) shall be
subject to a fine for the first offense, with the fine for each subsequent offense
increasing, In the event the person has no additional violations of these provisions for a
period of 12 consecutive months, the fine for any violation of these provisions after that
period shall be as for the first offense, with the fine for each subsequent offense
increasing.
(1987 Code, 6-116, 6-118, 6-119, 6-121, 6-123, 6-124) (Ord. 13, 1995, passed
5-8-1995; Am. Ord. 20, 1995, passed 8-14-1995; Am. Ord. 1, 2000, passed
1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001)
ORDINANCE NO. 26
COUNCIL BILL NO. 57
(2005)
"An Ordinance regulating disposal of animal waste on public or non-animal owner
private property."
NOW, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SEYMOUR,
INDIANA:
Section 1: Animal Waste
The owner or person having immediate control of an animal shall immediately remove
and dispose of, in a sanitary manner, any excreta left or deposited by the animal, upon
public or non-animal owner private property. This section shall not be applicable to
cases where a person is physically unable or is legally blind and is being assisted by a
certified companion dog.
All pens, yards, structures or areas where animals are kept shall be maintained in a
nuisance free manner. Droppings and manure shall be removed regularly and disposed
of properly so not to attract insects or rodents, become unsightly or cause
objectionable odors.
Section 2: Enforcement
The civil provisions of this ordinance shall be enforced by employees of the Seymour
Police Department, the Seymour animal control officer, and/or other persons authorized
by the City of Seymour Board of Public Works and safety. This ordinance may be
enforced by citation, injunction or civil forfeiture.
The Seymour Police Department, the Seymour animal control officer, and/or other
persons authorized by the City of Seymour Board of Public Works and Safety are
authorized to catch and impound animals at large with such authorization to include the
pursuit of animals upon non-animal owner private property. It shall be a violation of this
ordinance to interfere with the Animal Control Officer, law enforcement officer, public
health officer or designee, in the performance of their duties.
Section 3: Penalties
Any person violating any provisions of this ordinance shall be punished by fine. If any
violation is continuing, each day's violation shall be deemed a separate violation. The
amount of fines, plus any fee or assessment imposed by State Code and as provided
by the Seymour, Indiana Code of Ordinances.
First violation in one (1) year: fine will be twenty-five dollars ($25.00).
Second violation in one(1) year: fine will be fifty dollars ($50.00).
Third violation within two (2) years: fine will be seventy-five dollars ($75.00).
Fourth violation within three (3) years and subsequent violations: fine will be one
hundred dollars ($100.00).
Notwithstanding the above provisions, violations of this ordinance shall be punished by
a fine of not less than fifty ($50.00) nor more than two-hundred and fifty dollars
($250.00). If the violation is continuing, each day's violation shall be deemed a separate
violation.
Section 4: All prior ordinances or parts thereof inconsistent with any provision of
this ordinance are hereby repealed.
Section 5: This ordinance shall be in full force and effect from and after its
passage, approval by the Mayor, publication, and recording, all as by law provided.
ORDINANCE NO. 1
COUNCIL BILL NO. 1
( 2007)
" An ordinance amending the Animal Control Ordinance, Ordinance 13 (1995),
providing for the regulation of dog shelters."
NOW BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SEYMOUR,
INDIANA:
Section 1: The Animal Control Ordinance of the City of Seymour, Indiana shall be
amended as follows:
Section 97.19. "Animal Care and Treatment", shall be amended to include a new
section (K) regulating protection of dogs by imposing certain requirements for dog
shelters:
Unless a dog is an inside house pet and has otherwise adequate shelter, as determined
by the Seymour Police Department as enforcement authority of this ordinance, all dog
owners shall provide a dog shelters as follows:
1. Have five sides, including a top, a bottom and three sides.
2. Be of adequate size to allow the dog to stand up and turn about freely.
3. Have a floor constructed so as to protect the dog's feet and legs from injury.
4. Allow dog(s) kept outdoors to remain dry during inclement weather and have
adequate shade during hot sunny weather.
5. Be constructed and maintained so that the dog contained therein has
convenient access to clean food and water.
Section 2: Any person who violates any provision of this chapter shall be allowed
24 hours to make corrections as directed by the enforcement authority. The failure to
make corrections shall result in a fine of $50.00 for each finding of a violation of this
chapter.
Section 3: Any person who has been cited on two separate occasions, and fails to
make corrections as directed by the enforcement authority, shall be subject to
confiscation of their animal(s) until such time as corrections are made.
Section 4: If, after multiple violations by the same person or at the same business,
the city legal department has reason to believe that the fines will not be effective in
enforcing this chapter, then the city legal department shall be empowered to seek any
other remedied provided by law.
Section 5: All prior ordinances or parts thereof inconsistent with any provision of
this ordinance are hereby repealed.
Section 6: This ordinance shall be in full force and effect from and after its
passage, approval by the Mayor, and publication, all as by law provided.
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