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TITLE 15
AGRICULTURE AND ANIMALS

ARTICLE 1
DEKALB COUNTY FAIR ASSOCIATION $3,000.00 PER
YEAR FROM COUNTY COMMISSIONERS

15-1  

Be it ordained that the DeKalb County Commissioners shall pay the DeKalb County Fair Association the sum of $3,000.00 per year for the use and benefit of said association for partial maintenance of the DeKalb County Fair Grounds and improvements beginning with the payment of said sum in January 1981 for each previous year, and in January from year to year thereafter until this ordinance is revoked.

(Ord. 81-1, passed January 5, 1981)

ARTICLE 2
ANIMAL HUMANE SHELTER

Chapter 1
Dog Tax Payment Designation for Humane Shelter

15-2-1  

Dog Tax Payment Designation for Humane Shelter.  WHEREAS, I.C. 15-5-9 provides that fifty cents (50) from each dog tax payment collected by the Township Trustee, from each dog tax payment to the County Auditor, for the use of the designated Humane Society in the County,

NOW THEREFORE, these legislative bodies do now ordain that fifty cents (50) of each dog tax payment collected by the Township Trustee's of DeKalb County shall be paid to the County Auditor, for the use of the DeKalb County Humane Society as the designated Humane Society to utilize said funds.

(Ord. 87-4, passed December 7, 1987)

ARTICLE 3
ANIMAL REGULATIONS

Chapter 1
Vicious Dogs Regulation

15-3-1  

Vicious Dogs Regulation.  WHEREAS, the County Commissioners of DeKalb County being mindful of the need to protect the general health and public welfare of the community do now adopt the following ordinance:

BE IT ORDAINED, by the Commissioners of DeKalb County, Indiana as follows:

Section 1. Definition of Terms. As used in this ordinance.

1.1 "Owner" means any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog.
1.2 "Vicious Dog" means:
1.21 Any dog with a known vicious propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or any dog which after examination by a panel of one veterinarian, one member of the county health board and one member of the staff at the DeKalb County Animal Shelter that is found to be vicious in a written report showing that the panel did physically observe the dog and find the dog to exhibit vicious propensity.
1.22 Any dog which because of its vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this ordinance; or
1.23 Any dog which, without provocations, attacks or bites, or has attacked or, bitten a human or domestic animal; or
1.24 Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; or
1.3 A vicious dog is "unconfined" if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.

Section 2. Confinement. The owner of a vicious dog shall not suffer or permit the dog to go unconfined.,

Section 3. Leash and Muzzle. The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain or leash and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any human or animal.

Section 4. Signs. The owner of a vicious dog shall display in a prominent place on his or her premises's a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal, failure to post the notice as provided shall be deemed to be a violation of this ordinance and subject to prosecution as provided for herein.

Section 5. Dog Fighting. No person, firm, corporation, organization or department shall possess or harbor or maintain care or custody of any dog for the purpose of dog fighting or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.

Section 6. Insurance. Owners of a vicious dog must within 30 days of the effective date of this ordinance provide proof to the County Auditor of public liability insurance in the amount of at least $100,000.00 insuring the owner for any personal injuries inflicted by his or her vicious dog. Any person found to be in possession of such dog without having provided such proof of insurance shall be in violation of this ordinance and subject to prosecution as provided for herein.

Section 7. Penalties and Procedures. Prosecution of this ordinance shall be in any court of general jurisdiction in DeKalb County, Indiana.

Any person found in violation of Section 3 or Section 4 or Section 5 or Section 6 shall be subject to prosecution and the penalties provided for in the Statues of Indiana as a Class A misdemeanor, and upon delivery of notice to the owner of such violation by any law enforcement officer the continued violation of said ordinance by the owner shall be a separate violation for each calendar day that said owner allows such violation to continue.

In the event that a law enforcement officer of this state, including any city, county or state policeman shall show probable cause to any court of general jurisdiction of DeKalb County, that there is a continuing day to day violation of this ordinance by any owner, the court may issue an order directing that the officer be authorized to proceed unto the premises where the dog is located and that such dog be seized and taken to the DeKalb County Animal Shelter, and there to be retained for ten days, to allow the owner to show proof of compliance with the law to the Sheriff of DeKalb County and pay said shelter fifty dollars a day for the care and boarding of such dog to obtain the release thereof and in the event that said dog is not redeemed as provided the dog shall be put to death and disposed of at the owner's expense, which expense shall be collectable in the small claims division of the DeKalb Superior Court, from and against the owner as an account due, which action shall be brought in the name of DeKalb County by the county attorney for the account due, court costs, and a reasonable legal fee, and any such judgment that should result shall be enforceable as all judgments are provided to be enforced in the laws of Indiana.

In the event that such dog shall attempt to attack a humane officer or law enforcement officer attempting to enforce any portion of this ordinance the officer shall be authorized to destroy the dog at the site of attack and the owner shall have no redress for the destruction of the dog against the County of DeKalb or the officer attacked or any of the officials or agencies of DeKalb County, or the State of Indiana or any political subdivision thereof.

Section 8. Every owner of every dog harbored in DeKalb County must affix to the dog a tag to be worn by the dog at all times showing the name and address of the owner, and any dog found to be off of the premises of the owner without such tag shall be taken into custody by any humane officer, dog officer, or law enforcement officer of any political subdivision of the State of Indiana and said dog shall be deposited at the DeKalb County Animal Shelter. Thereafter the dog shall be destroyed within twenty-four hours, as a dog with owner unknown.

Every dog found off of the premises of the owner with a tag identifying the name and address of the owner affixed to the dog shall be seized by any humane officers dog officer or law enforcement officer of any political subdivision of Indiana and taken to the DeKalb County Animal Shelter, and there held for ten days and thereafter destroyed if not redeemed by the owner by payment of fifty dollars per day for the keep of said dog at the shelter, to be paid by the owner to the DeKalb County Animal Shelter and the cost of the keep and destruction shall be collectable as an account due by DeKalb County in the small claims division of the DeKalb Superior Court in an action brought by the county for the total amount of the charges, plus court costs and a reasonable legal fee. Such judgment to be enforced as provided for in the Statutes of Indiana. The destruction of such dog shall be without recourse by the owner against the County of DeKalb, the DeKalb County Animal Shelter or any officer or political subdivision of the State of Indiana if the owner as shown on the identification tag affixed to the dog was served with a notice in writing of the seizure and detention, served either by affixing the notice to the door of the addressed premises shown on the tag or United States mail sent to that address postage prepaid. No dogs shall be released by the shelter until claimant furnishes valid proof of rabies immunization.

Section 9. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any courts such a decision shall not affect the validity of the remaining portions of this ordinance.

Section 10. Effective Date. This ordinance shall be in full force and effect from and after its passage and signing by the DeKalb County Commissioners, and advertised in accordance with the requirements of the Statutes of the State of Indiana. All prior ordinances on this subject are hereby repealed to the extent they are inconsistent.

(Ord. 90-2, passed April 16, 1990)

Chapter 2
Animals Having or Suspected of Having Rabies

15-3-2  

Animals Having or Suspected of Having Rabies.  WHEREAS, there in a need in the County for the control, housing and /or destroying of animals suspected or infected with rabies as may be ordered by the County Health Officer to protect the citizens of DeKalb County, Indiana,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA, That any and all animals which shall bite any individual, which animal has or is suspected of having rabies shall be quarantined for a period of time as may be necessary to properly determine whether said animal in infected with rabies, at a place designed by the Board of Commissioners or by the owner of said animal; that all expenses incurred for the care of said animal during the period of quarantine shall be paid for by the owner of the animal or if said animal shall not have an owner or the owner of the animal cannot be determined, by the County.

That in the event the owner of the animal can not be found after the period of quarantine, the animal shall be disposed of by the County.

(Res. 62-8, passed July 16, 1962)



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