As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

Animal means any living, nonhuman vertebrate creature.

Animal care services shelter means the shelter described in section 288-103 of this Code.

At large means being loose and free roaming, not being on a leash and under the control of a competent person, or any portion of the animal's body not being confined within a pen, corral, yard, cage, house, vehicle, or other secure enclosure or structure or by other means that prevents escape.

Board means the board of animal care services.

Community cat means an unowned cat that has been captured, evaluated, ear tipped, sterilized and vaccinated against rabies by a licensed veterinarian and released in accordance with section 531-209 of this Code.

Community cat caretaker means a person that provides food, water or outdoor areas of shelter to a community cat and who is not otherwise prohibited from owning or keeping animals.

Crime prevention dog means and includes a dog that is trained and used by its owner or keeper primarily for the protection of persons or property, or both.

Dangerous animal means any animal that:

(1)

Would constitute a danger to human life or property if it were not kept in the manner required by this chapter;

(2)

Has caused serious injury to a person without having been provoked by that person;

(3)

At a place other than its owner's or keepers property has:

a.

Chased or approached a person in a menacing fashion or apparent attitude of attack; or

b.

Attacked another domestic animal; or

(4)

Because of its training or behavior, is capable of inflicting physical harm or death to humans.

Dog means and includes animals of the Canis familiaris species, and hybrids of a Canis familiaris and any other member of the Canis genus, including wolves.

Domestic animals means rabbits, cattle, horses, ponies, mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats and poultry.

Exposed to rabies means an animal has been exposed to rabies if it has been bitten by or been in contact with any animal known or reasonably suspected to have been infected with rabies.

Free-roaming cat means a cat that is at large that does not possess an identification tag or microchip as required by section 501-202 of this Code nor has been ear tipped to indicate it is a community cat.

Kennel means a facility operated commercially and principally for the purpose of boarding, housing, breeding or training dogs or cats, or both. For purposes of this chapter, kennel shall not include a facility in or adjoining a private residence where dogs or cats are kept for the hobby of the owner, lessee or other occupant of the property using the animals for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the property, and an occasional sale of pups or kittens by the owner, lessee or other occupant of the property shall not make such property a kennel for the purposes of this chapter.

Law enforcement animal means an animal that is owned or used by a law enforcement agency for the purpose of aiding in the detection of criminal activity, enforcement of laws, the apprehension of offenders and ensuring the public welfare.

Marion County Unaltered Animal Registry means a free registry maintained by Indianapolis Animal Care Services ("IACS") of eligible individuals in Marion County owning at least one unaltered dog. Eligibility for the Registry shall be determined by IACS. The assessment of eligibility will include, but will not limited to, ordinance and criminal violations.

Monitored means that the animal:

(1)

Is controlled by means of a leash or other device held by a competent person, subject to the provisions of sections 531-401 and 531-728, which animal is sufficiently near the owner or handler as to be under his or her direct control and is obedient to that person's command;

(2)

Is on or within a vehicle being driven or parked; or

(3)

Is confined as required by this chapter.

Nonbite exposure means and includes scratches, abrasions, open wounds or mucous membranes contaminated with saliva or other potentially infectious material from a rabid animal.

Own means to keep, harbor or have custody, charge or control of an animal, and owner means any person who owns an animal; however:

(1)

Veterinarians and operators of kennels, pet shops and stables, as those terms are defined in Chapter 836 of this Code, who temporarily keep animals owned by, or held for sale to other persons shall not be deemed to own or be owners, but rather to be keepers of such animals.

(2)

A community cat caretaker shall not be deemed to own or keep a community cat but rather to provide limited oversight of such animals.

Person means and includes any individual, corporation, partnership or other association or organization, but shall exclude the following for purposes of section 531-401:

(1)

Police officers, federal or state armed forces, park rangers, game wardens, conservation officers and other such governmental agencies, with respect to actions that constitute a discharge of their official duties; and

(2)

An individual, partnership, corporation or other association, organization, or institution of higher education, that is registered as a research facility with the United States Secretary of Agriculture under 7 USC § 2131 et seq., commonly known as the "Animal Welfare Act," while engaged in the course of their performance as such.

Provoke means the infliction of bodily harm on the animal or another person, or conduct that constitutes a substantial step toward the infliction of bodily harm on the animal or another person.

Quarantining authority means the animal care services agency, its contractors, agents, employees and designees, acting under directives and regulations of the Health and Hospital Corporation of Marion County or the state board of animal health.

Registered breeder means an individual residing in Marion County who is:

(1)

Not a "commercial breeder" as defined by IC 15-21-1-4,

(2)

Registered on the Marion County Unaltered Animal Registry, and

(3)

Adheres to guidelines for responsible unaltered animal ownership as further defined in this chapter.

Serious injury means any injury that results in permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of a bodily member or organ and includes, in regard to an animal, an injury requiring euthanasia.

Unregistered breeder means:

(1)

An individual residing in Marion County, who is:

a.

Not a "commercial breeder" as defined by IC 15-21-1-4,

b.

Home breeding one or more dogs at a time, and

c.

Not on the Marion County Unaltered Animal Registry.

(2)

An individual that does not adhere to guidelines for responsible unaltered animal ownership or does not provide dogs and/or puppies adequate care as further defined in this section 531-401.

Veterinarian means a person licensed to practice veterinary medicine in the state.

Wild animal means and includes:

(1)

A Class III wild animal for which a state permit is required under 310 IAC 3.1-11-8 and/or IC 14-22-26; and

(2)

A venomous snake, poisonous amphibian, or other large reptile.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 15, 2000, § 2; G.O. 100, 2005, § 1; G.O. 94, 2006, § 1; G.O. 86, 2008, § 1; G.O. 116, 2009, § 1; G.O. 13, 2016, § 34; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 49, 2023, § 1; G.O. 26, 2024, § 1; G.O. 37, 2024, § 1)

Cross reference— Definitions generally, ch. 102.

(a)

An owner or keeper of an animal commits a violation of the Code if that animal is at large in the city.

(b)

Except as provided in subsection (c) of this section, section 531-501 or section 531-727, the first violation in any twelve-month period shall be subject to an admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of the Code. All subsequent violations in a twelve-month period are subject to the enforcement procedures provided in section 103-3 of the Code and a fine of not less than one hundred dollars ($100.00) per violation.

(c)

If, while the animal is at large in violation of this section it:

(1)

Attacks another animal; or

(2)

Chases or approaches a person in a menacing fashion or apparent attitude of attack;

then the violation shall be subject to the enforcement procedures and penalties provided in section 103-3 of the Code, and the fine imposed shall not be less than two hundred and fifty dollars ($250.00), or five hundred dollars ($500.00) if another animal or person is injured as a result of the animal's actions. If the violation results in serious injury to any person, the court upon request shall order the animal forfeited and/or destroyed.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 97, 2004, § 1; G.O. 94, 2006, § 1; G.O. 86, 2008, § 1; G.O. 116, 2009, § 1; G.O. 37, 2024, § 1)

The owner or keeper of any female animal in heat kept in the city shall confine the animal within a secure enclosure and in such a manner as to prevent it from becoming a nuisance.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

It shall be unlawful for a person to keep swine on premises in the consolidated city and county, unless such premises are stockyards, slaughterhouses, or other premises where the keeping or raising of livestock is permitted by county zoning ordinances.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 1)

It shall be unlawful for a person to own, keep, or breed a horse, pony, mule, donkey, jackass, or llama in the consolidated city and county on premises which measure less than eight thousand (8,000) square feet in a lot area per animal, unless such premises are registered as a stable under Chapter 836 of this Code.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 1)

A person whose vehicle causes injury or death to a domestic animal in the city shall stop at once, assess the extent of the injury to the extent that it is safe to do so, and immediately notify the animal's owner, if known, or the animal care services shelter, either directly or through a local law enforcement agency, together with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained. Such person shall not be required to report his or her name, as the only purpose of this requirement is to aid the stricken animal and notify its owner, if any.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 41, 2016, § 2)

Cross reference— Traffic, ch. 441; motor vehicles, ch. 611.

It shall be unlawful for a person to allow the body, or parts thereof, of any dead animal to be kept, held, or disposed of in violation of this section, as follows:

(1)

No public or private carrier shall either transport any dead animal through or into the city, or allow it to remain in or on any of its cars, vehicles, tracks or places controlled by it, in either instance longer than five (5) hours;

(2)

No person who operates a slaughterhouse, butcher shop or other place in the city shall permit any parts of offal of dead animals that are not fit and intended for use as food to accumulate or be kept on such premises for over twenty-four (24) hours after being received, or after the death of such animal;

(3)

No person shall skin, dismember, dissect, cut up or dispose of the body of a dead animal, or any parts thereof in the city, unless the person is regularly engaged in such business of killing and disposing of such animals for use as food or otherwise, and is so authorized by law, or does so for the person's own use; and

(4)

No person shall possess, keep, use or dispose of anywhere in the city, a dead animal or parts thereof, or offal of a live animal in any manner that creates offensive odors or sights, or constitutes a public nuisance which affects health and comfort in any respect.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

Cross reference— Garbage, trash and refuse, ch. 601.

The city department of public works upon request may provide to persons or entities the service of picking up dead animal bodies and body parts and the lawful disposition of them. When the city department of public works picks up dead animal bodies or parts from places other than the city streets and rights-of-way, it shall charge a fee of six dollars ($6.00) per separate body part for this service.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

Cross reference— Garbage, trash and refuse, ch. 601.

(a)

An owner or keeper of an animal commits a violation of the Code if that animal attacks and injures a person who did not provoke the animal prior to the attack.

(b)

It shall be a defense to prosecution under this section if:

(1)

The attack occurred in an enclosure in which the animal was confined without means of escape, there was posted at the main entrance of the enclosure a notice to beware of the animal, and the person attacked entered the enclosure without invitation; or

(2)

The person was attacked during the commission or attempted commission of a criminal act on the property of the owner or keeper of the animal.

(c)

A person who violates any provision of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than five hundred dollars ($500.00). If the violation results in the animal causing serious injury to any person, the court upon request shall order the animal forfeited and/or destroyed.

(d)

The liability imposed by this section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at IC 15-5-12, et seq. or by common law.

(G.O. 97, 2004, § 2; G.O. 94, 2006, § 1; G.O. 86, 2008, § 2; G.O. 116, 2009, § 1)

The provisions of this article shall be supplemental to the other provisions of this chapter which pertain to dogs or cats.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

A person who owns a dog or cat in the consolidated city and county shall ensure that each dog or cat owned by that person bears a permanent means of identification at all times, such that the animal's owner can be ascertained accurately, quickly, and easily.

(b)

The identification required by this section shall be in addition to any tags required to be worn by dogs or cats by state law or other provision of this Code, and shall be by means of a microchip implanted in the dog or cat or animal that bears a registered identification number, and that can be read by a standard microchip scanner.

(c)

Each veterinarian or other person in the consolidated city and county who implants microchips as contemplated in this section shall make available upon request to the animal care services division the names, addresses, and phone numbers of the owners of the dogs and cats, and the corresponding microchip identification numbers. Such records shall be available to the animal care services agency without court order.

(d)

It shall be unlawful for a person to own a dog or cat three (3) months of age or older that is kept in the city, and that does not bear a permanent means of identification as provided in this section. A violation of this section shall be subject to an admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with chapter 103 of this Code.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 2; G.O. 86, 2008, § 3; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 26, 2024, § 2; G.O. 37, 2024, § 1)

(a)

No person knowingly shall allow a dog or cat which is kept by that person to defecate or urinate on a public street, byway, municipally owned or public land or building, or upon private property, in the city without the prior permission of the owner of such property; however, if an animal defecates on property described in this subsection, the animal's owner or keeper promptly shall remove any feces to a waste container, or otherwise dispose of such material in a manner inoffensive to reasonable public sensibilities.

(b)

Notwithstanding the provisions of subsection (a) of this section, the owner of a dog serving a vision-impaired person in an auxiliary ocular capacity or in any capacity to assist such person with a physical impairment may permit such dog to relieve itself on ground situated outside of pedestrian or vehicular traffic ways, and is relieved of the requirement to remove any feces to the extent such requirement is impractical for a person of such impairment.

(c)

No person knowingly shall allow his or her dog or cat to disperse waste material placed for public or private collection upon any public street, or byway or right-of-way, or any municipally owned or public land or building, or upon private property.

(d)

A person who violates any provision of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than twenty-five dollars ($25.00).

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

It shall be unlawful for a person to own or keep any animal which by frequent or habitual howling, yelping, barking, screeching, other vocalization or otherwise shall cause serious annoyance or disturbance to persons in the vicinity.

(b)

A person who violates any provision of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for the first such violation shall not be less than twenty-five dollars ($25.00); subsequent or continued violations may also subject the owner to impoundment of the animal by a person having authority to impound such an animal.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

It shall be unlawful for a person to provide food, water or shelter to a free-roaming cat for a period of more than sixty (60) days unless in compliance with sections 531-209 and 531-210 of this Code. The animal care services agency may impound community cats in violation of this chapter and dispose of the cats in accordance with section 531-731.

(G.O. 100, 2005, § 2; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

It shall be unlawful for a person to make use of a dog in the commission or furtherance of any criminal act in the city.

(b)

A person who violates this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than one hundred dollars ($100.00). Further, upon a finding of violation, the court upon request shall order the dog forfeited and/or destroyed.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

It shall be unlawful to leave a domestic animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.

(b)

It shall be unlawful for any dog or cat to ride in the bed of a pickup truck on public streets, highways and/or rights-of-way unless the animal is securely caged and protected from the environment or unless the bed of the pickup truck is enclosed with a camper shell or other device and there is appropriate and sufficient ventilation.

(G.O. 169, 1999, § 3)

(a)

Persons finding a stray animal are to notify the animal care services agency, or its designee, within forty-eight (48) hours. At the discretion of the agency, the animal may be kept by the finder and a found report left with the agency, or its designee, to enable the finder an opportunity to return the animal to its rightful owner. The finder is expected to make a reasonable effort to find the animals owner or keeper prior to surrendering them to the shelter.

(b)

Upon demand, by the animal care services agency, any found animal will be taken to an appropriate facility and scanned for an identifying microchip.

(c)

Persons finding an animal are obligated to comply with all the rules and regulations of this chapter pertaining to humane care and treatment of animals, while said animal is in their custody awaiting return to its actual owner.

(d)

With the exception of the Humane Society of Indianapolis or other humane and/or breed rescue organizations recognized by the animal care services agency, the finder will be considered the found animal's owner for purposes of this chapter fourteen (14) continuous days after the found report was filed with the animal care services agency or its designee.

(G.O. 169, 1999, § 3; G.O. 41, 2016, § 2; G.O. 2, 2017, § 1; G.O. 37, 2024, § 1)

(a)

A community cat program is established in order to encourage the stabilization of the free-roaming cat population in the city by utilizing a trap, neuter, and return methodology.

(b)

A person may trap any free-roaming cat in a humane manner, utilizing a live release trap that does not injure the animal, and in accordance with the requirements of section 531-407 in order to have the free-roaming cat evaluated, surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed veterinarian and released to the vicinity from where it was trapped or released to a community cat caretaker.

(c)

A community cat, impounded by the animal care services agency, shall be returned to the vicinity from where it was trapped unless the circumstances present a detriment to the cat or to the public health or welfare.

(G.O. 100, 2005, § 3; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

A community cat caretaker shall abide by standard guidelines devised by the animal care services agency regarding the provision of food, water, shelter and veterinary care for a community cat as well as comply with section 531-209 of this Code.

(b)

Community cat caretakers shall take a seriously ill or injured community cat to the animal care services shelter or seek licensed veterinarian care for the community cat.

(c)

A person who violates any provision of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for the first such violation shall not be less than twenty-five dollars ($25.00).

(G.O. 100, 2005, § 3; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

It shall be unlawful to keep a dog, cat, or ferret or to provide food, water or shelter to a cat over the age of three (3) months in the city unless each dog, cat, or ferret is immunized against rabies by a vaccination performed by a veterinarian in accordance with 345 IAC 1-5-2. Community cat caretakers are not required to renew the immunization of community cats.

(b)

A person's first violation of this section shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with chapter 103. A person's second and subsequent violations shall be subject to the enforcement procedures and penalties provided in section 103-3 of this Code.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 21, 2002, § 1; G.O. 100, 2005, § 4; G.O. 86, 2008, § 4; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2)

(a)

A veterinarian who administers a rabies vaccination in the city shall, at the time a dog, cat, or ferret is vaccinated, issue to the animal's owner a durable rabies vaccination tag upon which is imprinted the name of the veterinarian's facility, telephone number and the year and unique identification number of the vaccination.

(b)

Each owner of a dog, cat, or ferret that is kept in the city shall cause the rabies vaccination tag to be affixed to the animal's collar, and to be worn by the animal at all times. A person's first violation of this subsection in a twelve-month period shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with chapter 103. A person's second and subsequent violations in a 12-month period shall be punishable as provided in section 103-3 of this Code.

(c)

A veterinarian who administers a rabies vaccination in the city to a free-roaming cat shall provide to the community cat caretaker written documentation of the administration of the vaccine, which shall include the name of the veterinarian's facility, telephone number and the year and unique identification number of the vaccination.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 97, 2004, § 4; G.O. 100, 2005, § 4; G.O. 86, 2008, § 4; G.O. 17, 2016, § 1)

A captured animal known to have bitten or otherwise exposed a person to the possibility of contracting rabies through nonbite exposure in the city shall be humanely quarantined for a period of not less than ten (10) days. In the sole discretion of the quarantining authority, the quarantine may be on the premises of the owner, at the city animal care services shelter or those of its contractors, if any, or at the owner's expense in a kennel or veterinary hospital.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 41, 2016, § 2)

Whenever the quarantining authority has reasonable cause to suspect that an animal in the city has been exposed to rabies, or bitten or exposed through nonbite exposure a person to rabies, such animal shall be surrendered by its owner for quarantine and observation, at the owner's expense, promptly upon demand by the quarantining authority. Such quarantine and observation shall be at the owner of the animal's expense.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

When an animal quarantined in the city has been found rabid or is suspected of being rabid by a veterinarian and dies while under observation, the quarantining authority shall take such action as is specified in such cases by the state board of animal health and shall notify the proper public health officials of reports of human contacts made by, and the diagnosis made of, the animal.

(b)

When a rabies report is made under subsection (a) of this section, the quarantining authority shall recommend to the director of the animal care services agency a general quarantine in the city for a period of thirty (30) days. Upon invocation of the general quarantine by the director, any animal found at large in the city may be destroyed without being impounded. During the quarantine period, every animal bitten or exposed through nonbite exposure by an animal adjudged to be rabid shall be confined, at its owner's expense, or destroyed as specified by the state board of animal health.

(c)

During a general quarantine declared by the director under this section, an animal's owner or keeper who resists the quarantining authority acting under this chapter, or who permits an animal owned or kept by that person to be at large in the city, shall be punishable by a fine not to exceed five hundred dollars ($500.00), and any animal which is suspected of being rabid or is in violation of the general quarantine shall be impounded.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 13, 2016, § 34; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

The quarantining authority shall dispose of any animal reasonably suspected by it of being infected with rabies in the city in accordance with the rules and regulations of the state board of animal health.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

Each veterinarian in the city shall report to the quarantining authority animals suspected by the veterinarian of being rabid.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

Every owner or keeper of an animal kept in the consolidated city and county 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 contact;

(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

(5)

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 animal care services agency and in effect from time to time.

(b)

It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the city, 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 un-sterilized 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 consolidated city and county 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°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°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°F or at or above 90°F, or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority, except when the dog 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 nor in such a manner as to cause harm or danger to persons or other animals.

(f)

In the discretion of the enforcement authority, as that term is defined in section 531-711 of this Code, 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 thirty (30) 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 this section.

(g)

A person who violates any provision of this section shall be punishable as provided in section 103-3 of 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°F and 80°F would not be considered confined outside.

(2)

"Temperature controlled facility" means a building maintained between 40°F and 80°F.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 3; G.O. 47, 2015, § 1; G.O. 13, 2016, § 34; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

It shall be unlawful for a person to abandon any animal on public or private property in the city, and a violation of this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than two hundred dollars ($200.00). Actions taken by colony caretakers in accordance with this chapter shall not be considered abandonment of an animal.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 100, 2005, § 5)

It shall be unlawful for a person to throw or deposit poisoned meat or any poison or harmful substance in any street, alley, marketplace or public place, or on any private premises, in the city for the purpose of destroying or injuring any animal.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

It shall be unlawful for a person to incite, train to fight (other than a law enforcement animal or crime prevention dog) or set any animal to fighting another animal or to incite combat between animals and humans in the consolidated city and county.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 3)

(a)

It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the city to capture, entice, or take any animal out of the enclosure or premises of the owner, or to seize an animal at any place while such animal is accompanied by its owner or keeper.

(b)

Except as expressly authorized in this chapter, it shall be unlawful for a person to entice any animal away from the premises of the person who owns or keeps such animal in the city, or to entice an animal from a street, alley or public place in the city with the intent to deprive the owner of the animal's possession.

(c)

It shall be unlawful for a person to bring into the city an animal for the purpose of its impoundment, or the collection of any fee or reward for its return, except as provided in this chapter.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the city without the express consent of the animal's owner, if any, while the animal is on the owner's property or under the owner's control. A person who violates this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than fifty dollars ($50.00).

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg-hold trap or similar device upon any land or waters in the city.

(b)

It shall be unlawful for a person to use, place, set or cause to be used, placed or set any snare, net or other device that causes the trapping or capturing of any animal in any manner by which the animal is not either captured painlessly or killed instantly upon any land or waters in the city.

(c)

It shall be unlawful for a person, having placed a lawful trap, snare or similar device in the city, to fail to inspect and empty it at least once during every twenty-four-hour period.

(d)

It shall be unlawful for a person to remove an animal in the city from any trap not on the person's property, unless such person has the express permission of the property's owner to do so.

(e)

It shall be unlawful for a person, to use, place, set or caused to be used any animal traps during inclement weather. Weather temperatures below 20° Fahrenheit and above 90° Fahrenheit shall be deemed inclement weather for purposes of this chapter.

(f)

Traps set for the purpose of capturing cats or dogs must be covered to protect trapped animals from the elements.

(g)

Trapped cats or dogs must be transported in a temperature controlled environment.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 17, 2016, § 1)

It shall be unlawful in the city for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal or insect against any other person, or aid or abet another person in doing so.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

It shall be unlawful for a person to sell, offer for sale, trade, barter or give away in the city any live animal, bird or reptile as a novelty, prize for, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter any business establishment or enter into any business agreement whereby the offer was made for the purpose of attracting trade for business, other than establishments selling animals as their primary business.

(b)

It shall be unlawful for a person to transport into the city any live animal, bird or reptile for any purposes prohibited by subsection (a) of this section.

(c)

It shall be unlawful for a person to sell, offer for sale or otherwise dispose of any animal whose appearance has been artificially or chemically colored, sprayed or painted.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

(a)

Unless acting pursuant to a valid permit issued by the United States Fish and Wildlife Service and/or the Indiana Department of Natural Resources, it shall be unlawful for a person willfully to injure, molest, attack or disturb in any way a bird, or the nests, eggs, young or brood of birds, in the city other than birds not protected by state or federal law.

(b)

Whenever it appears, on complaint of residents, merchants, persons in business, owners or operators of structures or buildings, or citizens generally, or otherwise, that nonmigratory pigeons, starlings, or other birds not protected by state or federal law, constitute a public nuisance in any part of the city, the board shall be authorized to use all necessary means to destroy the birds creating such nuisance, as follows:

(1)

The board is authorized to eradicate pests under subsection (a) of this section with firearms and otherwise; where firearms are used for such purpose, it shall not constitute a violation of the Code which pertains to the discharge of firearms in the city or county; and

(2)

The board is authorized to issue permits to persons in such instances and under such terms and conditions as it finds necessary for the public safety to dispose of any birds not protected by state or federal law, upon the payment of one dollar ($1.00) by each person to the city controller, and any permit so issued shall be revocable at the will of the board.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 46, 2009, § 1; G.O. 13, 2016, § 34)

It shall be unlawful for a person, except an employee of the city department of parks and recreation in the course of his or her employment, or with his or her express permission, to feed, scatter food or leave food of any type or kind in the parks, playgrounds, play fields, parkways, boulevards and streets of the city for any birds or fowl.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

No permanent or transient animal exhibition or circus shall be permitted in which animals are induced, prompted or encouraged to perform or behave in a desired manner through the use or threatened use of chemical substances or mechanical, electrical or manual equipment or devices in a manner which will cause or has potential to cause physical injury or suffering to the animal.

(G.O. 66, 2018, § 1)

(a)

This section does not apply to:

(1)

"Commercial breeder" or "commercial dog broker" as defined by IC 15-21-1-4.

(2)

Municipal shelters, humane societies, rescue groups, or foster homes.

(3)

Dogs for whom a licensed veterinarian has signed a document attesting to the contraindication of sterilization due to age or medical condition. Such dogs shall be treated, for the purpose of this section to be altered, provided, however, that if such a dog is female and becomes pregnant, the litter must be reported to IACS in accordance with the provisions therein.

(b)

The owner or keeper of any unaltered dog older than six (6) months of age in Marion County shall register on the Marion County Unaltered Animal Registry. Registration shall be valid for one (1) year and must be updated annually.

(c)

By registering, the owner or keeper of an unaltered dog agrees to the guidelines for responsible unaltered animal ownership, including:

(1)

An annual veterinary exam: A licensed veterinarian shall, at least once per year, conduct an examination through direct supervision of each dog and upon detection of any affliction, provide expertise in diagnosing and treating such affliction. This shall include an oral exam and the administration of core vaccinations as recommended by the American Veterinary Medical Association, including a current rabies vaccination for all dogs over three (3) months of age and vaccinations necessary to prevent common canine diseases such as Parvovirus.

(2)

Keeping records for a period of two (2) years from the date of birth as to the birth of each litter of dogs and keep records for a period of two (2) years from the date of sale of the name, address and telephone number of each buyer or new owner/guardian of any dog sold or transferred.

(3)

Reporting new litters to Indianapolis Animal Care Services prior to the birth of the puppies, or within two (2) weeks of the litter being born.

(4)

A female dog shall not be bred if the dog has not maintained a normal body condition and been declared healthy enough for breeding by a veterinarian following a physical examination. No female dog shall birth more than one litter per eighteen-month period without the written determination of a veterinarian that the dog is healthy enough for breeding, and no more than six litters in her lifetime.

(5)

Obtaining a unique "Litter ID Number" from IACS that must be included in:

(i)

Any offer for the sale or transfer of the puppies, and

(ii)

Provided to the purchaser or recipient of any puppies.

(6)

Microchipping. All puppies shall be microchipped prior to being sold or transferred. New owners shall be responsible for updating the microchip information pursuant to section 531-202.

(d)

Violations.

(1)

An unregistered breeder commits a violation of this Code if they are the owner or keeper of any unaltered dog older than six (6) months of age in Marion County that is not registered on the Marion County Unaltered Animal Registry.

(2)

By registering, the owner or keeper of an unaltered dog agrees to the requirements in this section.

(i)

A first violation of this section in any twelve-month period shall be subject to education that will be provided by IACS/Animal Control to ensure:

A.

Registration in the Marion County Unaltered Animal Registry (if determined to be eligible for the Registry pursuant to other provisions of this section),

B.

The owner or keeper of unaltered animal is aware of low-cost spay neuter services in Marion County and the benefits of spay/neuter,

C.

The owner is supported in complying with the requirements of the ordinance, including, but not limited to, providing information on government and non-profit resources that can assist with transportation, housing, finances, and animal care, and direct assistance specific to the care of animals when budget and resources allow, and

D.

Discretionary recheck by an Animal Control Officer or other designee of IACS within thirty (30) days.

(ii)

A second violation of this section in a twelve-month period shall be subject to all requirements in subsection above, and an admission of the violation and payment of the designated civil penalty, per animal, though the ordinance violations bureau in accordance with chapter 10-3 of the Code.

A.

Fine is voidable if the owner or keeper schedules, within thirty (30) days, a spay/neuter procedure, and ensures the procedure occurs within three (3) months. Evidence of scheduled appointment and completed procedure must be provided to IACS.

(iii)

A third violation in a twelve-month period shall be subject to the enforcement procedures and penalties provided in section 103-3 of the Code, and the fine imposed shall not be less than one hundred and fifty dollars ($150.00) per animal.

(e)

Data collection. As part of the management and enforcement of this registry, Indianapolis Animal Care Services will collect and make available the following data points:

(1)

Quantity of registrants,

(2)

Quantity of litter IDs issued to registrants,

(3)

Origin of inspection, including method of intake,

(4)

Location of inspection, including street address and zip code,

(5)

Inspection outcomes, including pending statuses, assessed penalties, and cases referred to the City Prosecutor, and

(6)

Specific resources provided to and requested by owners/keepers during or after the inspection process.

(G.O. 26, 2024, § 3)

(a)

For purposes of this article, the procedure, terms, and penalties provided in this section shall apply to wild animal and dangerous animal determinations, care requirements to be imposed, and actions by the animal care services agency.

(b)

After an investigation, the director or his or her designee of the animal care services agency is authorized to make a determination whether an animal is, based upon the factors listed in section 531-101, dangerous or potentially dangerous and shall notify the owner of the animal in writing of that status. If the director or his or her designee has probable cause to believe that an animal is dangerous or potentially dangerous, the director or his or her designee may convene a hearing for the purpose of determining whether the animal in question shall be declared dangerous or potentially dangerous and to determine if the animal would pose a threat to public safety if returned to its owner or if specific conditions of care and treatment were not imposed on the return of the animal to its owner. Prior to the hearing, the director or his or her designee shall conduct or cause to be conducted an investigation and shall provide reasonable notice of the hearing to the owner.

(c)

Following notice to the owner and prior to the hearing, if the director or his or her designee has probable cause to believe that an animal is dangerous and may pose a threat to public safety, the director or his or her designee may obtain a search warrant pursuant to the laws of this jurisdiction and impound the animal pending disposition of the case. The owner of the animal shall be liable for the cost and expenses of keeping the animal.

(d)

The hearing shall be held no less than five (5), and not more than ten (10) days, excluding holidays, Saturdays and Sundays, after service of notice upon the animal's owner. The hearing shall be informal and open to the public. The owner shall have the opportunity to present evidence as to why the animal should not be declared dangerous or not pose a threat to public safety if returned to its owner. The director or his or her designee may present all issues for or against the owner of the animal regardless of whether the owner appears at the hearing.

(e)

Within five (5) days after the hearing, the director or his or her designee shall notify the owner in writing of the determination.

(f)

The owner may, within five (5) days after a determination that an animal is dangerous, bring a petition in this county seeking review of the determination. A decision by a court overturning the director or his or her designee shall result in the return of the animal to the owner subject to the provisions of section 531-733.

(g)

Confinement of a dangerous animal means confinement to a fenced yard from which the animal may not escape by slipping under or over the fence or through an open gate or which would allow the animal to bite or to otherwise wound a person who may brush against or stick a hand or finger in, over or through the fence. Such an animal may be confined in an owner's home. The animal's confinement must be such as will prevent the animal from harassing neighbors or passersby and may not constitute either a sight, smell or noise nuisance.

(h)

Any violation of this section shall subject the owner or person in possession of the animal to the enforcement provisions of section 103-3 of the Code, and the fine imposed shall not be less than five hundred dollars ($500.00) for the first violation; not less than one thousand dollars ($1,000.00) for a second violation; and upon a third violation, the animal shall be seized in accordance with section 531-721, et seq. If such violation results in the animal causing serious injury to any person, the court shall, upon request, order the animal forfeited and/or destroyed.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 4; G.O. 86, 2008, § 5; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

It shall be unlawful for a person to own a wild animal or dangerous animal in the city without first having registered the animal with the animal care services agency under this article; however, this section shall not apply to zoological parks or bona fide circuses or carnivals.

(b)

It shall be unlawful for any person to own more than two (2) dangerous animals at any time in the city. This subsection shall not apply to veterinarians and operators of kennels that are registered under Chapter 836 of this Code.

(c)

It shall be unlawful for any person to own any dangerous animal that is a dog in the city unless the dog has been spayed or neutered by a veterinarian and has been implanted with a microchip with a registered identification number.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 4; G.O. 86, 2008, § 5; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

It shall be unlawful for a person to own a crime prevention dog in the city without first having registered the animal with the animal care services agency under this article.

(b)

Notwithstanding the provisions of section 531-202 of the Code, each crime prevention dog shall be implanted with a microchip which bears a registered identification number.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

A registration required by this article shall be made on forms provided by the animal care services agency, and shall include the following:

(1)

The owner's name, address, and telephone number where the owner can be reached in the event of an emergency;

(2)

The address and type of premises where the animal is kept;

(3)

A detailed description of each animal registered; and

(4)

Any other information deemed necessary and appropriate by the animal care services agency.

(b)

During the term of the registration, the owner of an animal registered under this article shall notify the animal care services agency in writing of any change in circumstances which would render the information contained in the registration incomplete or inaccurate.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

There is no fee for the registration of an animal under this article.

(b)

The term of the registration shall expire on the last day of December of the year in which the registration is made, and shall be renewable upon application therefor.

(c)

The animal care services agency may revoke a registration issued under this article for any violation of this article committed by the owner of the animal.

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

The owner or occupant of premises where a wild or dangerous animal is kept shall post, at each entrance to such premises, conspicuous signs which state, "WARNING: WILD OR DANGEROUS ANIMAL. FOR FURTHER INFORMATION CALL (the telephone number of the owner or occupant of the premises)."

(b)

The owner or occupant of premises where a crime prevention dog is kept shall post, at each door of the premises accessible to the dog, conspicuous signs which state, "WARNING: A CRIME PREVENTION DOG IS GUARDING THIS PROPERTY. FOR FURTHER INFORMATION CALL (the telephone number of a person able to control the dog)."

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

Except as otherwise provided in section 531-501 of the Code, a person who violates any provision of this article shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than one hundred dollars ($100.00).

(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 86, 2008, § 6)

(a)

The animal care services agency, other animal shelters, and/or public animal facilities which destroy animals in the city, shall use only such methods, materials and standards as approved by the American Veterinary Medical Association for said purpose. In no event shall an animal be euthanized inhumanely.

(b)

The shelter shall provide sedatives for struggling or vicious animals when necessary for use during the euthanasia process and train its personnel in their proper and humane use and administration.

(G.O. 169, 1999, § 4; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

Only persons trained in humane procedures by licensed veterinarians, by registered veterinary technicians, or by persons sanctioned and/or certified by the Humane Society of Indianapolis shall perform the euthanasia of animals in a humane manner.

(G.O. 169, 1999, § 4)

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.

(G.O. 169, 1999, § 4)

Sufficient funds shall be appropriated in each annual budget of the city for trained personnel, drugs, proper and humane equipment and facilities necessary to administer humane destruction of animals as specified in this subchapter.

(G.O. 169, 1999, § 4)

(a)

All money generated, received or collected by virtue of the provisions of this chapter are to be set aside and placed in the general fund, except as hereinafter provided.

(b)

Gifts or donations to the animal care services agency may be accepted by the city controller or the mayor, for and on behalf of the animal care services agency. All moneys received by donations, gifts, bequests or devises or otherwise (except as provided in section 531-811(c)) shall be paid to the city controller on the first day of the week succeeding the week during which such moneys were received, and deposited into a dedicated animal care fund to be used to promote the safe and humane treatment of animals in the city and to promote responsible pet ownership, to pay for any reasonable expenses incurred promoting the proper care, treatment and sterilization of animals and education of the public regarding the same. No expenditure may be made from the dedicated animal care fund unless first approved by a majority of the animal care services board. The expenditure of funds from the dedicated animal care fund shall be subject to all state and local appropriation and purchasing requirements.

(c)

All money generated, received or collected in response to the agency's special fund-raising projects shall be payable to the city controller and deposited in a dedicated animal control special projects funds to be used in a manner consistent with the announced purpose of any special fund-raising event or project. No expenditure may be made from the dedicated animal care special projects fund unless first approved by the director or his or her designee. The expenditure of funds from the dedicated animal care special projects fund shall be subject to all state and local appropriation and purchasing requirements and appropriated by the city-county council.

(d)

The director or his or her designee shall provide the animal care services board and to the council every six (6) months a report relating to the revenue and expenditures from the dedicated animal care fund and the dedicated animal care special projects fund.

(G.O. 169, 1999, § 7; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

For the purposes of this article, the enforcement authority shall consist of the animal care services agency, its designees, and the Indianapolis metropolitan police department.

(G.O. 169, 1999, § 5; G.O. 13, 2016, § 34; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

Persons who are individually charged with the enforcement of this chapter, within the animal care services agency, shall be designated animal control officers, and prior to the performance of any act in connection therewith, shall be appointed and sworn as special police officers pursuant to chapter 279, of the Code. Such animal control officers shall also receive appropriate and relevant training and be certified by the National Animal Control Association or other appropriate agency.

(b)

It shall be the duty of the Indianapolis metropolitan police department to assist in the enforcement of all provisions of this chapter and other ordinances in relation to animals, and it shall be the duty of all officers of such agency to report at once all violations thereof to police or sheriff's headquarters.

(c)

Such officers are authorized to enforce all provisions of this chapter and section 836-5 of this Code, including the right to proceed upon public and private property in the city in pursuit of animals in violation of this chapter.

(d)

Such officers are not authorized to enter a privately owned enclosure in pursuit of an animal without the consent of the owner, lessee or other occupant of the enclosure, or other legal process; provided, however, if any animal is believed to be enclosed without adequate food, shelter and water, or dead animals are believed to be enclosed, and such owner or occupant is not present and cannot readily be located, an animal control officer may affix a notice to the premises in an obvious location, directing the occupant to contact the officer at a given location and phone number. If neither the occupant nor anyone on the occupant's behalf responds to such notice within twenty-four (24) hours after the notice is affixed, an animal control officer may enter the premises to determine if the provisions of this chapter or section 836-5 of this Code have been violated.

(G.O. 169, 1999, § 5; G.O. 5, 2004, § 1; G.O. 110, 2005, § 35; G.O. 47, 2009, § 35; G.O. 8, 2011, § 13; G.O. 13, 2016, § 34; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

It shall be unlawful for a person to interfere with an animal control officer or other enforcement authority officer in the performance of the officer's duties. A person who violates this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than fifty dollars ($50.00).

(G.O. 169, 1999, § 5; G.O. 37, 2024, § 1)

(a)

Any animal found at large in violation of this chapter shall be captured and impounded.

(b)

Any animal found confined or abandoned on private property in violation of this chapter or section 836-5 of this Code shall be impounded.

(c)

Any dangerous animal found at large or not confined as required by this chapter may be captured, impounded and its release shall be subject to the provisions of section 531-733.

(d)

Section 531-731 notwithstanding, any free roaming cat is eligible to be processed through the community cat program immediately without hold.

(G.O. 169, 1999, § 5; G.O. 94, 2006, § 5; G.O. 17, 2016, § 1)

(a)

Upon the impoundment of an animal, a reasonable attempt shall be made to notify and inform the owner of the animal of the requirements of this article for regaining the custody of the animal.

(b)

Such attempt shall include, but not necessarily be limited to, the following:

(1)

In the instance of an impounded dog or cat, contact with the owner identified by the microchip or other permanent means of identification, if any, borne by the dog or cat;

(2)

In the instance of an impounded dog or cat not bearing a permanent means of identification, contact with the veterinarian facility listed on the animal's vaccination tag; and

(3)

Cooperation of effort with other governmental and private agencies, such as the Humane Society of Indianapolis or other humane and/or breed rescue organizations recognized by the animal care services agency.

(G.O. 169, 1999, § 5; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

A person who confines an animal found by that person to be at large in the city shall notify the animal care services agency or one of its agents within forty-eight (48) hours thereafter.

(G.O. 169, 1999, § 5; G.O. 13, 2016, § 34; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

When the owner of a captured animal is known, such animal need not be impounded but may be returned to its owner if, in the opinion of the animal control officer or management of the animal care services agency, the return would not present a detriment to the public health or welfare or otherwise result in a violation of this chapter. A community cat shall be released where captured, unless reasonable options of return have been exhausted.

(G.O. 169, 1999, § 5; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

An animal impounded, if claimed by its owner, shall be returned to its owner subject to, and upon compliance with, the provisions of division 2 and division 3 of this article.

(b)

The owner of an impounded animal may obtain the return of such animal upon compliance with any applicable provisions the board or agency may impose, and the payment of the appropriate impoundment and kennel fees, and any other applicable fees and fines.

(c)

Prior to the return to its owner of an impounded dog or cat which at the time of impoundment did not bear a permanent means of identification as required by section 531-202 of this Code, the enforcement authority shall cause a microchip with a registered identification number to be implanted in the animal. The fee for such service shall be ten dollars ($10.00).

(G.O. 169, 1999, § 5; G.O. 97, 2004, § 5; G.O. 37, 2024, § 1)

(a)

Impoundment and kennel fees for animals impounded under this article shall be as follows:

(1)

For each small animal other than a dog, ten dollars ($10.00), and three dollars ($3.00) for each day of impoundment or fraction thereof;

(2)

For each dog, twenty dollars ($20.00), and five dollars ($5.00) for each day of impoundment or fraction thereof; and

(3)

For any large animal other than a dog, thirty dollars ($30.00), and ten dollars ($10.00) for each day of impoundment or fraction thereof.

(b)

Impoundment and kennel fees shall be collected by and paid to the enforcement authority, which shall remit such funds to the office of finance and management; however, if the enforcement authority in a particular case is a person contracting with the city to render services, the fees may be retained by and as the property of such person as part of all of that person's charges for rendering such services, if the contract so provides.

(G.O. 169, 1999, § 5; G.O. 73, 2005, § 40)

(a)

Petition. Whenever an animal is impounded under this article for a violation of section 531-109, 531-204, or 531-305, or a violation of article IV of this chapter, or a violation of [article] V of this chapter, or a violation of section 531-728, or has been impounded on a prior occasion, or the city prosecutor has applied for an order under section 531-733, the city prosecutor may file a petition with the court having jurisdiction over the ordinance enforcement action requesting an order to require the owner to post a cash bond to cover the fees and costs of the animal's care. The petition shall include an itemized estimate of the reasonable expenses the animal care services agency expects to incur for the care of the animal from the time of impoundment to a minimum of thirty (30) days thereafter. Such expenses shall include but are not limited to the impoundment fee and kennel fees provided in section 531-726 of the Code, and the estimated cost of emergency and routine veterinary care.

(b)

Hearing and order. The court, pursuant to its rules of procedure, shall provide the opportunity for a prompt hearing and prompt decision on the city prosecutor's petition. If the court finds there is a reasonable likelihood that the city will prevail on the merits of the ordinance enforcement action, then the court shall order the owner to post a cash bond as provided in this section to cover the fees and other costs of care of the animal for a specific period of time of not less than thirty (30) days beginning on the date of impoundment.

(c)

Posting of bond; time requirements. The owner shall post the bond by delivering cash or a certified or cashier's check payable to "City of Indianapolis" to the animal care services agency. The cash or check must be received by the animal care services agency within three (3) days after the date of the court's order, excluding Saturdays, Sundays, and city holidays established in section 291-206 of the Code. The animal care services agency shall hold such check or cash in trust until forfeiture of the animal, return of the animal to its owner, or final adjudication of the ordinance enforcement action, whichever first occurs.

(d)

Renewal bonds. The animal's owner shall renew the bond at the end of the period of time ordered by the court, and every thirty (30) days thereafter, in the same manner as posting the bond provided in subsection (c) of this section. The owner's duty to renew the bond shall continue until forfeiture of the animal, return of the animal to its owner, or final adjudication of the ordinance enforcement action, whichever first occurs. The owner shall pay the renewal bond before the close of business on the last day of each bond period; however, if such last day is a Saturday, Sunday, or city holiday established in section 291-206 of the Code, then the renewal bond shall be paid on the last business day prior to such Saturday, Sunday, or holiday.

(e)

Forfeiture. If an owner fails to post a bond within three (3) days as provided by subsection (c) of this section, or fails to pay a renewal bond before the close of business on the last day of each bond period as provided by subsection (d) of this section, then the owner shall be presumed to have surrendered all rights and claim of ownership and control of the animal and the city prosecutor may petition the court for an order to dispose of the animal under the provisions of section 531-731 of the Code.

(f)

Expiration of bond. Upon forfeiture of the animal, return of the animal to its owner, or final adjudication of the ordinance enforcement action, whichever first occurs, the animal care services agency shall be entitled to draw upon the cash or certified or cashier's check to cover the animal's impoundment fee, kennel fees and the cost of any actual veterinary care. After the fees and costs are paid, the city shall promptly remit any remaining bond money to the owner; however, if the bond money is not sufficient to cover such fees and costs, the owner shall be liable to the city for the difference.

(G.O. 97, 2004, § 6; G.O. 94, 2006, § 5; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

(a)

It shall be unlawful for any person who has been found in violation of sections 531-102 (at large), 531-103 (animals in heat), 531-109 (animal attacks), 531-204 (nuisance), 531-206 (unlawful use), 531-401 (care and treatment), 531-402 (abandonment), 531-404 (animal fights), 531-414 (Marion County Unaltered Animal Registry) or article V of this chapter, to own or keep more than two (2) dogs in the city or to own or keep any dog:

(1)

That has not been spayed or neutered by a veterinarian; and

(2)

That has not been implanted with a microchip with a registered identification number.

(b)

A person who has been found in violation of sections 531-102(c) (at large), 531-109 (animal attacks), 531-206 (unlawful use), 531-404 (animal fights) or article V of this chapter commits a violation of the code if any dog owned or kept by that person is outside a structural enclosure sufficient to confine the dog without means of escape, unless the dog is on a leash and under the control of a competent adult.

(G.O. 94, 2006, § 5; Ord. No. 86, 2008, § 7; Ord. No. 26, 2024, § 4; G.O. 37, 2024, § 1)

(a)

An animal surrendered by its owner to the animal care services agency and not adopted, or rescued by a humane or breed rescue organization, may be kept or otherwise humanely disposed of, in the reasonable exercise of discretion of the enforcement authority, but consistent with such provisions as the animal care services board shall make regarding the capture, surrender, impoundment, adoption, sale and destruction of animals. No healthy, behaviorally sound, adoptable owner-surrendered animal shall be humanely disposed of, while there is sufficient room in the kennel to reasonably house such animal at the animal care services shelter.

(b)

An animal impounded under this article and that is not claimed by its owner shall be confined by the enforcement authority in a humane manner for a period after capture of not less than four (4) days. Because the shelter operates twenty-four (24) hours a day, the four-day hold period applies to each day the animal is in the shelter's care, regardless of weekends or holidays. An animal not claimed within the impoundment period may be kept, adopted, rescued by a humane or breed rescue organization, a member of the public, or otherwise humanely disposed of, in the reasonable exercise of discretion of the enforcement authority. Even after the expiration of the impoundment period, no animal shall be humanely disposed of, while there is sufficient room in the kennel to reasonably house such animal at the animal care services shelter.

(c)

A free-roaming cat that is not spayed or neutered and is eligible for the community cat program is exempt from the mandatory four-day impoundment period and may be immediately processed through the community cat program.

(d)

A person wishing to adopt an animal from the animal care services shelter shall pay to the city an adoption fee of sixty dollars ($60.00). The foregoing notwithstanding, animal care services agency may, upon the approval of the animal care services board, set lower fees for adoption for special events, specific circumstances, and limited periods of time which shall be designated in advance and clearly defined.

(e)

A dog or cat that has been impounded under this article or is otherwise available for adoption, must be spayed or neutered, and microchipped, prior to being released to any person who wishes to adopt the animal.

(G.O. 169, 1999, § 5; G.O. 15, 2000, § 2; G.O. 97, 2004, § 7; Ord. No. 47, 2015, § 2; G.O. 17, 2016, § 1; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

No animal surrendered by its owner or impounded under this article shall be used or disposed of for purposes of research or experimentation by use of the animal.

(G.O. 169, 1999, § 5)

Notwithstanding any other provision of this chapter, an animal which has been impounded under this article for a violation of sections 531-102 (at large), 531-103 (animals in heat), 531-109 (animal attacks), 531-204 (nuisance), or 531-305 (rabies quarantine), or a violation of either article IV or V, of this chapter, or a violation of 531-728 (additional restrictions), or which has been impounded on a prior occasion, or which has bitten or otherwise caused injury to person or property shall be returned to its owner only if the enforcement authority in its discretion determines that such return will not result in further or ongoing violations of these sections.

(G.O. 169, 1999, § 5; G.O. 97, 2004, § 8; G.O. 94, 2006, § 5; G.O. 37, 2024, § 1)

Notwithstanding any provision of this article to the contrary, an injured or diseased animal need not be retained four (4) days, but may be disposed of at any time when in the reasonable discretion of the enforcement authority, it would be more humane and reasonable to do so, rather than provide veterinary care.

(G.O. 169, 1999, § 5; G.O. 97, 2004, § 8)

The city may contract, arrange or agree for the disposition of an animal that was surrendered by its owner, or impounded, and that was unclaimed for longer than four (4) days, and an animal transferred to a person so contracting, arranging or agreeing with the city shall thereafter be the property solely of the contractor. The contract, arrangement or agreement may provide for the retention by the contractor of any funds received in payment for animals sold to other persons, in order to help cover such contractor's expenses of rendering its services.

(G.O. 169, 1999, § 5; G.O. 97, 2004, § 8)

(a)

The Humane Society of Indianapolis, Inc., by its duly authorized agents, employees or other personnel, shall have the authority to proceed to the scene or location of a diseased, sick or injured animal which is at large in the county after being requested to do so by any member of the general public for the purposes of capturing and transporting such animal to its duly established humane shelter, and to hold and properly maintain the animal until it is either claimed by its owner, or in the discretion of the humane society, otherwise properly disposed of. The humane society may also receive an animal brought to its shelter by members of the general public or proper governmental personnel and either keep, or in the discretion of the humane society, otherwise humanely dispose of such animal.

(b)

Upon the capture of any diseased, sick or injured animal or taking of an animal brought to its shelter by a person or any local governmental personnel, the humane society personnel shall make a reasonable attempt to notify and inform the owner of the animal of the requirements and procedures for claiming ownership and regaining custody thereof.

(c)

When the owner of a captured or held animal is discovered or known, the animal shall be returned to the owner upon the payment of any applicable fees or upon the compliance with all other applicable procedures of the humane society. If the owner does not claim an animal or desires not to claim it, the humane society, within its discretion, may return the animal to any person desiring to assume ownership, custody and care thereof in conformance with the established requirements of the humane society after a four (4)-day holding period, as long as the animal has or will receive a current antirabies vaccination under the provisions of Article III of this chapter.

(d)

Upon the capture of any diseased, sick or injured animal or the taking of an animal brought to its shelter by any person or any local governmental personnel, the humane society shall, subject to the provisions of subsection (e) of this section, confine the animal in a humane manner for a period of not less than four (4) days. Thereafter, the humane society in its discretion may keep, release or otherwise humanely dispose of the animal consistent with the established procedures of the humane society as they may be amended from time to time.

(e)

Notwithstanding any provision of this section to the contrary, diseased or injured animals need not be retained four (4) days, but may be humanely disposed of at any time if in the discretion of the proper humane society personnel or authorized veterinarian such disposition is necessary and proper for such animals.

(f)

This section does not authorize the humane society to assume any of the impoundment and disposition functions of the animal care services agency as elsewhere specified in this chapter or state law.

(g)

Nothing in this section shall inhibit the animal care services agency in any way from carrying out its functions in accordance with applicable law and whatever provisions or regulations the animal care services board shall make in carrying out its mandate to make provisions to maintain an animal care services agency, to regulate the capture, impoundment, sale and destruction of animals in accordance with applicable law, and for the operation of the animal care services agency.

(G.O. 169, 1999, § 5; G.O. 97, 2004, § 8; G.O. 41, 2016, § 2; G.O. 37, 2024, § 1)

Editor's note— Formerly § 531-633. See the Code Comparative Table.