ORDINANCE 9, 1992

ANIMAL CONTROL ORDINANCE OF THE TOWN OF BROOKSTON

NOW THEREFORE BE IT ORDAINED by the Common Council of the Town of Brookston, State of Indiana, that:

Section 1. Definitions:

"Abandoned animal":

An animal whose owner has voluntarily relinquished possession of it with the intention of terminating his ownership, but without vesting possession in any other person.

"Animal shelter":

Any animal shelter established or designated by the Brookston Town Council to keep, care for or legally dispose of impounded animals as provided for this Ordinance.

"At large":

Off the premises of the owner while not under the control of the owner or other person by leash, cord, chain, or other device of actual physical restraint or under the control of and accompanying the owner or other person who has the ability to control the animal by voice command. A dog, which has been trained to work, and is working shall not be considered to be at large.

"Licensed dog":

Any dog on which a tax has been assessed and paid and for which a license tag has been issued as required by state law.

"Non immunized animal":

Any animal to be immunized against rabies, and which has not been so immunized.

Section 2. Animal Warden:

Section 3. Impoundment:

1. Is found running at large within the Town of Brookston;
2. Is a menace to persons or to other animals:
3. Is suffering or reasonably suspected to be suffering from an infectious or contagious disease, or is injured;
4. In the case of a dog, is not wearing a collar with license tag as required by law;
5. Is kept in an unsanitary manner thereby causing odors which are annoying and disturbing to persons in the neighborhood;
6. Is treated by the owner in a cruel and inhumane manner;
7. Is found to be an abandoned animal;
8. Is required by court order to be captured and impounded;
9. Is otherwise in violation of this Ordinance or other applicable law.

Section 4. Care of Impounded Animals:

Section 5. Disposition of Impounded Animals:

a. If the person owning, keeping or harboring an animal which has been impounded, notifies the shelter keeper within three (3) days from when impounded of his claim to such animal, the shelter keeper shall permit such persons to redeem the animal by paying a shelter fee plus a maintenance fee for each day or fraction thereof during which the animal was impounded also, in the case of dogs; by paying to the Township Assessor any license fee due for the current year: if such impounded animal has received medical or surgical attention, the person redeeming such animal shall also pay the cost thereof to the Town Clerk-Treasurer who will authorize release to owner by the shelter keeper. Such shelter fees and maintenance fees shall be as established from time to time by the Brookston Town Council.

b. Any animal, except for licensed dogs, may be redeemed by anyone upon paying to the Town Clerk-Treasurer all accrued fees anytime after the three (3) day period as also set forth in subsection (a).

c. Licensed dogs shall not be redeemed by other than the owner prior to the expiration of three (3) days. The owner shall be liable for the shelter fee and maintenance fee set forth in this Ordinances provided however, that wherever the shelter keeper can reasonably determine the owner of an animal, he shall notify such owner, in writing, that he has three (3) days to redeem said animal by paying the accrued shelter and maintenance fees and tax, if any, by depositing such notice in the U.S. Mail, postage prepaid, addressed to such owner at his last known address, certified with return receipt requested;

d. An animal which appears to be suffering from rabies, mange, or other infectious diseases shall not be released, but shall be forthwith destroyed, if it has not bitten anyone. If a dog is suspected of having rabies, or has bitten a person and has not been immunized for rabies such dog shall be immediately confined by a leash or chain on the owner's premises and shall thereafter be impounded by the Town at the expense of the owner for a period of fifteen (15) days for observation. Every owner, or other person, upon ascertaining or suspecting a dog is rabid, shall immediately notify Brookston Town Marshall who shall either remove the dog for observation or summarily destroy it,

e. Where the shelter keeper is a licensed veterinarian and determines that any impounded animal requires medical and/or surgical or dental treatment he may provide such treatment immediately, and the prior consent of the owner of said animal to said treatment shall not be required.

f. Except for a licensed dog, any animal which is not redeemed may be destroyed by the shelter keeper anytime after the three (3) day period set forth above.

g. Licensed dogs which are not redeemed by their owners may be destroyed by the shelter keeper a,nytime after the three (3) day period set forth above, or upon expiration of the three (3) day notice to the owner, whichever is later.

h. The shelter keeper may also give any impounded animal away, rather than destroying it, if a suitable home can be found for the animal.

i. Where the shelter keeper is a licensed veterinarian and determines that an impounded animal is incurably ill or injured, or is suffering unduly, he may destroy the animal immediately, and the prior consent of the owner of said animal shall not be required.

Section 6. Abandonment:

Section 7. Penalties:

Section 8. Disturbing the Peace:

Section 9. Repeal of Conflicting Ordinances:

Section 10. Effectiveness:

ADOPTED this 14 day of October 1992, by the Common Council of the Town of Brookston, lndiana

Joseph E. Butz, President Brookston Town Council

ATTEST :
Ginger Brown
Clerk-Treasurer

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