ORDINANCE NO. 2016-03

An Ordinance amending Chapter 6 of the Hope Town Code

Whereas, the Hope Town Council has reviewed the Hope Town Code and has determined that Chapter 6, Article 2 "Animal Control", Section 6-31 should be amended;

Now therefore, be it ordained by the Town Council of the Town of Hope, Indiana:

1. That Chapter 6, Article 2 "Animal Control", Section 6.31 is hereby amended to read as follows:

General requirements for animal care and treatment.

(a) Every owner or keeper of an animal kept in the Town shall see that such animal:

(1) 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; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contract;

(2) Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;

(3) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;

(4) Shall provide the reasonably necessary medical care according to commonly accepted veterinary standards, in addition to the required rabies vaccination which shall include recommended vaccinations as required by accepted veterinary standards, and if diseased or injured, or exhibiting symptoms of disease, receives proper care and is segregated from other animals so as to prevent transmittal of the disease; and is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the Town.

(b) It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the Town or to fail to comply with any requirement of subsection (a) of this section.

(c) It shall be unlawful to tether any animal by use of a choke collar, or on any collar too small for the size and age of the animal, or by any rope, chain, or cord directly attached to the animal's neck, or by a leash less than twelve (12) feet in length, or by any tether or leash without swivels on both ends, or of such unreasonable weight as to prevent the animal from moving about freely;

(d) It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any unsterilized dog for any period of time unless the dog is in visual range of a competent adult who is outside with the dog; or to tether or confine an animal at a vacant structure or premises for any purpose or time when it is not monitored by a competent adult who is present at the property for the duration of such tethering or confinement.

(e) In addition to the general requirements for animal care and treatment in this article, every owner or keeper of a dog kept in the Town shall see that such dog when confined outside:

(1) Has access to a shelter constructed of solid wood or other weather resistant material, consisting of a structure with solid walls on all sides, a dry floor raised above the ground, and a solid roof sloped away from the entrance to protect the dog from weather and extreme cold. During winter and any day when the temperature is at or below 40 degrees F, the shelter must be just large enough for the dog to stand up and turn around, the entrance covered by a flexible wind-proofing material or self-closing door, and must contain clean, dry bedding, which must consist of an insulating material that does not retain moisture, such as straw, of sufficient depth for the dog to burrow. On any day when the temperature is at or above 80 degrees F, the shelter must be shaded by trees, a tarp, or a tarp-like device.

(2) Must be brought into a temperature controlled facility when the temperature is at or below 20 degrees F or at or above 90 degrees F, or when a heat advisory, wind chill warning, or a tornado warning has been issued by local, state, or national authority, except when the dog is in visual range of a competent adult who is outside with the dog.

(3) Has adequate space for exercise when confined in an enclosure or pen, which shall consist of no less than one hundred (100) square feet. A dog over eighty (80) pounds must be provided with an additional fifty (50) square feet. For each additional dog inside the enclosure, fifty square feet of space for exercise must be added per dog.

(4) Is treated so that there are no open lesions on the dog's skin due to insect bites or other parasitic infections.

(5) Shall not be tethered except when all of the following conditions are met:

(i) The tether is not attached to a motorized vehicle, such as an automobile, truck, or motorcycle;

(ii) The dog is at least six (6) months of age and is not sick or injured;

(iii) The tethered dog has access to water, shelter, and dry ground. If there are multiple tethered dogs, each dog must be tethered separately in a manner that prevents the tethers from becoming entangled with each other or any other object, and each dog must have separate water and shelter;

(iv) The tether is attached to the dog by a properly fitting buckle-type collar, or a collar that will not break under pressure, with a rotating toggle or attachment. Pinch, prong, or choke collars shall not be used. The tether shall not wrap directly around the dog's neck;

(v) The tether is not of such unreasonable weight as to prevent the dog from moving about freely, is free of tangles, cannot be entangled with another animal or object, and is at least twelve (12) feet in length.

(vi) If the dog is attached to a trolley system, the running line must be at least twelve (12) feet in length and the tether length must be greater than the height of the running line.

(vii) The tether is located so as not to allow the dog to trespass on public or private property not in such a manner as to cause harm or danger to persons or other animals.

(f) A person who violates any provision of this section for the first time may be given written notice of the practices or conditions which constitute the violation, and the enforcement authority shall in such instance direct remedies to such person where appropriate and provide a time period of no longer than two (2) days within which to correct the violation(s). Failure of the person to correct the violations within the specified time period shall constitute prima facie evidence of violation of this section. Any police officer and/or the Animal Control Officer of the Town constitutes the enforcement authority.

(g) A person who violates any provision of this section shall be punishable as provided in this Code; provided, however, the fines imposed for any such violation shall be as follows:

(1) For the first violation, not less than twenty-five dollars ($25.00); and

(2) For the second or subsequent violations, not less than two hundred dollars ($200.00), and the court upon request shall order forfeiture or other disposition of the animal involved. A judgment by the court which orders forfeiture or other disposition of the animal by the city or any third party shall include as a part of such judgment adequate provisions for the collection of costs of forfeiture or impoundment from the person found in violation.

(h) For purposes of this section, the following terms have the following meanings:

(1) "Confined outside" means confined outside the house, mobile home, or apartment where the owner is living. Confined outside would include in the yard, or in a garage, shed, or barn without heating or air-conditioning. Access to a garage, shed, or barn maintained between 40 degrees F and 80 degrees F would not be considered confined outside.

(2) "Temperature controlled facility" means a building maintained between 40 degrees F and 80 degrees F.

This Ordinance is hereby passed and adopted at a regular meeting of the Town Council of the Town of Hope, Indiana, this ______ day of ___________________, 2016.