TITLE IX: GENERAL REGULATIONS

"ABANDON." To forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or his agent. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.

"DOMESTIC ANIMAL." Cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry or other bird, and any animals of the bovine, equine, ovine, caprine, procine, canine, feline, or avian species. (IC 15-2.1-2-15)

"OWNER." Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his care, or permits it to remain on or about the premises owned or occupied by him.

' 90.02 CRUELTY TO ANIMALS.

(A) A person is guilty of cruelty to animals when except as authorized by law he is intentionally or wantonly:

(1) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, causing it to fight for pleasure or profit, mutilation, beating, torturing, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means; or

(2) Subjects any animal in his custody to cruel neglect; or

(3) Kills any animal.

(B) Nothing in this section shall apply to the killing of animals:

(1) Pursuant to a license to hunt, fish, or trap;

(2) Incident to the processing as food or for other commercial purposes;

(3) For humane purposes;

(4) For any other purpose authorized by law.

Penalty, see ' 90.99

Statutory reference:

Coloring birds or rabbits, see IC 15-2.1-21-13

' 90.03 ABANDONING DOMESTIC ANIMALS PROHIBITED.

No owner of a domestic animal shall abandon the animal.

Penalty, see ' 90.99

' 90.04 DESTRUCTION OF ABANDONED AND SUFFERING ANIMAL.

Any peace officer may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased, or suffering past recovery for any useful purpose.

' 90.05 PROHIBITION OF THE OPERATION OF MOTOR VEHICLES AND HUNTING

AT LARGE; EXCEPTIONS.

(A) The operation of motorized vehicles and the hunting by any means for purposes of confining, filling, or otherwise, wounding of any wild or domestic animal or fowl running at large upon the property of the town under the jurisdiction of the Town Park Board is found and determined to be a public nuisance and a menace to the health, safety, and welfare of the inhabitants of the town.

(B) It shall be unlawful for any person to operate any motorized vehicle or to hunt, by any means, for purposes of confining, killing, or otherwise, wounding any wild or domestic animal or fowl running at large upon the property of the town under the jurisdiction of the Town Park Board.

(C) This section shall not apply to any duly authorized law enforcement officer acting according to his duty for the safety and protection of the persons and property, both real and personal, located upon the property of the town nor to any person acting for and on behalf and with the specific express authority of the Town Park Board.

(Ord. 8201, passed 3-8-82) Penalty, see ' 90.99

' 90.06 SETTING OF TRAPS; EXCEPTIONS.

(A) The existence of any form of trap set upon the property belonging to the town, which has as its design or purpose the capture or killing of any wild or domestic animal or fowl running at large is found and determined to be a public nuisance and a menace to the health, safety, and welfare of the inhabitants of the town.

(B) It shall be unlawful for any person to place, set or allow to be placed or set upon the property belonging to the town, any trapping device which has as its purpose or design the capture or killing of any animal or fowl, domestic or wild, running at large, whether such trapping shall be for any purpose including domestic and commercial.

(Ord. 8202, passed 3-8-82) Penalty, see ' 90.99

DOGS

' 90.15 LICENSE REQUIRED; UNLAWFUL CONCEALMENT OF ANIMALS SUBJECT

TO REGULATIONS.

(A) It shall be unlawful for any person to own or harbor a dog over the age of six months unless such dog is licensed by the town as provided by '' 90.15 through 90.22.

(B) It shall be unlawful for any person to conceal any animal, or falsely to deny ownership of any animal owned or harbored by him, from any official properly authorized to enforce the provisions of this subchapter.

(Ord. 8005, passed 7-14-80) Penalty, see ' 90.99

' 90.16 DURATION OF LICENSE.

All town dog licenses shall be effective for 24 months from the period beginning October l and ending September 30.

(Ord. 8005, passed 7-14-80)

' 90.17 ISSUANCE OF LICENSE.

Town dog licenses shall be issued under the supervision of the Town Clerk-Treasurer at such places at such times as may be designated by the Clerk-Treasurer; provided, however, that the Clerk-Treasurer is authorized to permit the issuance of town dog licenses for the next ensuing license period on and after the passage of '' 90.15 through 90.22.

(Ord. 8005, passed 7-14-80)

' 90.18 DUTY OF OWNER TO OBTAIN LICENSE; NO FEE REQUIRED FOR GUIDE

DOG.

(A) Every person owning or harboring a dog within the town shall on or before October l of each biannual year (October l, l980, October l, l982, and so on) or within ten days after any such dog becomes six months of age, obtain a town dog license for each dog so owned or harbored. The fee for all such individual town dog licenses shall be $5 for a two-year license, except that no fee shall be charged for the licensing of any guide dog, trained to aid the blind and actually in use for such purposes.

(B) If application is made more than six months past the biannual licensing date, but more than six months prior to date required for relicensing, the license fee shall be $2.50. The Town Council may, by resolution adopted in regular session, increase or diminish such fees in amount not to exceed the cost of administering and enforcing '' 90.15 through 90.22.

(Ord. 8005, passed 7-14-80) Penalty, see ' 90.99

' 90.l9 INOCULATION PREREQUISITE TO ISSUANCE.

On application for any annual license issued for any dog, the owner thereof shall exhibit a certificate showing the dog to have been inoculated against rabies within the preceding 12-month period by a duly licensed veterinarian.

(Ord. 8005, passed 7-14-80)

Cross-reference:

Rabies, see ' 90.29

' 90.20 LICENSE TAG TO BE ATTACHED TO DOG; TRANSFERABILITY.

(A) Individual town license tags shall be attached to the dog for which issued, and shall pass with the dog. Upon the change of ownership of any dog, every person purchasing or otherwise acquiring such dog, shall notify the Clerk-Treasurer in writing of such change in ownership, in order that the license records of the town may be properly adjusted. No tag shall be transferred from one dog to another dog.

(B) It shall be unlawful for the owner of any dog to permit such dog to be at large, except as otherwise provided for by town ordinance, without having its individual town dog license attached to a collar or harness worn by the dog. Town dog license tags shall not be obscured or defaced in any way.

(Ord. 8005, passed 7-14-80) Penalty, see ' 90.99

' 90.21 LOSS OF TAG; FEE FOR DUPLICATE.

If any town license tag is lost, the owner of the dog for which the town dog license was obtained may procure a duplicate town dog license for use, during the balance of the 24-month period, upon making application therefore, and paying a fee of $l to the Clerk-Treasurer.

(Ord. 8005, passed 7-14-80)

' 90.22 REMOVAL OF TAG FROM COLLAR.

It shall be unlawful for any person other than the owner of the dog or his agent, to remove any town dog license from the dog.

(Ord. 8005, passed 7-14-80) Penalty, see ' 90.99

' 90.23 COLLAR AND TAG.

Every dog over the age of six months, whether kennel licensed or individually licensed, and if individually licensed, whether on or off the owner's premises, shall, at all times, wear a durable collar, to which the license tag shall be securely attached. The tag shall not be used on the collar of any other dog than the one for which it was issued.

(Ord. passed 3-8-76) Penalty, see ' 90.99

' 90.24 RUNNING AT LARGE.

(A) No dog, whether licensed or unlicensed, muzzled or not muzzled, shall be allowed upon the streets unless on suitable dependable lead not longer than eight feet, or unless within reasonable control of its owner or other person known to the dog, such reasonable control not to exceed a distance of 100 feet, or unless on property other than that of its owner with the express or implied consent of the owner of such property.

(B) A female in heat, however, when off the property of its owner, or not properly confined, must be on lead at all times.

(C) In no event shall any dog be allowed on any public beach, public place or on public conveyances within the town, whether or not on lead. Notwithstanding the foregoing, properly licensed dogs on leads shall be allowed on the public roads and streets.

(Ord. passed 3-8-76; Am. Ord. 0002, passed 9-11-00) Penalty, see ' 90.99

' 90.25 DOG WARDEN.

A dog warden shall be employed by the town, and he shall have such special police powers as may be necessary for the enforcement of the provisions of this subchapter. Compensation of the dog warden shall be paid by the Town Council, commensurate with the amount of time and effort necessary to be expended by the dog warden.

(Ord. passed 3-8-76)

' 90.26 IMPOUNDMENT; NOTIFICATION.

Any dog running at large within the provisions of ' 90.24, shall be seized promptly by the dog warden or by any police officer of the town and placed with the Michigan City Humane Society. The owner of the dog, whether by telephone or other means, and not later than on the day following that on which the dog is seized, shall be notified that such dog has been seized and where it is impounded, and that such dog is awaiting redemption on or before a certain specified date, namely three days after date of seizure. Date of seizure not to be counted in the three days.

(Ord. passed 3-8-76)

' 90.27 RELEASE AND REDEMPTION; DESTRUCTION.

(A) (1) No dog seized and impounded as provided in ' 90.26, shall be redeemed or released to anyone except the owner or his duly authorized agent, and then only upon payment of a fine of $25 for the first offense, a fine of $50 for the second offense and a fine of $100 for each offense after the second offense, together with any fees which may be incurred as a result of the dog being picked up and placed with the Humane Society until claimed by the owner or his authorized agent.

(2) If the dog is over six months of age and has not had its rabies vaccination, the dog will be vaccinated and the owner will be responsible for payment of the vaccination before its release.

(3) The fine and impounding fees shall be paid to the Town Clerk, who will give the owner or his authorized agent a receipt for the payment to be shown to the Humane Society in order to pick up the dog.

(B) If any impounded dog shall not be redeemed and released to the owner or agent and the required fees and costs paid prior to the time of release, on or before the third calendar day after the day of seizure, such dog shall be put to death humanely by a qualified veterinarian recommended by the Humane Society, and except that a dog impounded on account of being or reasonably suspected of being rabid, or having been bitten by a rabid dog or other animal, shall be held for a period of 15 days after seizure unless death occurs otherwise than by destruction before expiration of 15 days.

(Ord. passed 3-8-76; Am. Ord. 9809, passed 9-14-98)

' 90.28 RECORD KEPT OF IMPOUNDED DOGS.

(A) The dog warden shall, without fail, keep a careful record of all dogs seized or received by him, describing each dog carefully and the disposition of such dog, and such report shall be delivered to the Clerk of the Town Council on or before the Friday preceding the second Monday of each month, and shall report daily to the Town Clerk as to the number and type of dogs picked up.

(B) (1) If any owner shall have lost his dog, whether licensed or unlicensed, and shall make inquiry of the dog warden concerning the whereabouts of such dog, and at the time of inquiry, such dog has not been seized or impounded, the owner shall give to the dog warden, and the latter shall make a written record of, a full and complete description of such dog.

(2) If, at any time, within 30 days after making of such inquiry and giving of such description, such dog should be seized and impounded by the dog warden, he shall promptly notify the owner who gave the description of such dog, such notice to be given in the same manner as the notice provided for in ' 90.26. The owner of such dog may thereupon redeem and obtain the release of the dog in the same manner, and by complying with all of the provisions and paying any fees that have been necessitated for housing by the Humane Society because of the dog warden's inability to contact the owner to pick up the dog immediately.

(C) However, if such dog is not seized or impounded by the dog warden within 30 days after the making of such inquiry and giving of such description by the owner, the dog warden shall not be required to give the notice as herein provided, unless the owner shall renew his inquiry before the expiration of each successive 30-day period occurring after he has initially made inquiry and given the description as hereinbefore provided.

(Ord. passed 3-8-76)

' 90.29 RABIES.

If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period that such dog has been exposed to rabies and at his discretion, the dog warden empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation of a veterinarian for a period of 15 days at the expense of the owner. No person knowing or suspecting a dog has rabies shall allow such dog to be taken off his premises or beyond the limits of the town without the written permission of the dog warden. Every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the dog warden or a policeman, who shall either remove the dog to a veterinary hospital or summarily destroy it.

(Ord. passed 3-8-76) Penalty, see ' 90.99

Cross-reference:

Inoculation prerequisite to issuance of license, see ' 90.19

Statutory reference:

Municipal power to control rabies, see IC 15-2.1-6-13

Rabies control in general, see IC 15-2.1-6-1 - 15-2.1-6-13

' 90.30 NOISE DISTURBANCE.

No person shall keep or harbor or own any dog which by loud or frequent or habitual barking, yelping, or howling, shall cause annoyance to the neighborhood or to people passing the streets.

(Ord. passed 10-11-71) Penalty, see ' 90.99

' 90.31 ANIMAL EXCRETA.

(A) The owner of every domestic animal shall be responsible for the immediate removal of any excreta deposited by his animal on public property or on private property of another, excepting a blind person working with a guide dog.

(B) The owner or agent walking its domestic animal outside of its real property limits must have in its possession a shovel, plastic bag or similar device to pick up the animal's excrement if deposited while on the walk.

(Ord. 0002, passed 9-11-00)

' 90.99 PENALTY.

(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided, shall be fined not more than $100 for each offense. A separate offense shall be deemed committed on each day that a violation occurs or continues.

(B) Any person violating any of the provisions of '' 90.05 and 90.06 shall be fined $500 for the first offense and $1,000 for the second and all subsequent offenses to be paid to the office of the Town Clerk-Treasurer. (Ord. 8201, passed 3-8-82 and Ord. 8202, passed 3‑8‑82)

(C) In the event that any violations of '' 90.15 through 90.22 are found to exist, the authorized agent for the town shall have the authority to capture and impound the dog not properly licensed, by any means deemed necessary to effectuate such capture and impoundment, and the owner of the dog shall be responsible for payment of any impoundment fees, together with a fine in the sum of $10 per violation. (Ord. 8005, passed 7-14-80)

(D) Any person violating any of the provisions of ' 90.29 shall be fined $25, to be paid to the office of the Town Clerk.

(Ord. passed 3-8-76)

(E) Any person violating any provision of ' 90.30 shall be fined $25 for the first offense, $50 for a second offense and $100 for the third and each subsequent offense thereafter.

(F) Any person who violates ' 90.31 shall be deemed guilty of an offense and shall be punished by a fine of $50. Each day a violation continues, it shall be deemed a separate offense.

(Ord. passed 10-11-71; Am. Ord. 9809, passed 9-14-98; Am. Ord. 0002, passed 9-11-00)

CHAPTER 91: FIREWORKS, EXPLOSIVES, FIRE PREVENTION

Section

9l.01 Definitions

9l.02 Fireworks display; certificate of insurance

9l.03 Storage of explosives

9l.04 Blasting permit

9l.05 Storage of flammables

9l.99 Penalty

' 9l.01 DEFINITIONS.

For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

"EXPLOSIVE." Any chemical compound or mechanical mixture that is intended for the purpose of producing an explosion; that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb. (IC 22-ll-13-l)

"FIREWORKS." Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of "common fireworks" and "special fireworks". The following items are excluded from the definition of fireworks: model rockets; toy pistol caps; emergency signal flares; matches; fixed ammunition for firearms; ammunition components intended for use in firearms, muzzle loading cannons, or small arms; shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms.

(l) "COMMON FIREWORK." A small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.

(a) Common fireworks include:

l. Ground and hand-held sparkling devices, which include dipped stick, certain wire sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;

2. Aerial devices, which include sky rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mines, and shells;

3. Ground audible devices, which include fire-crackers, salutes, and chasers; and

4. Firework devices containing combinations of two or more of the effects described in the preceding three divisions.

(b) Common fireworks do not include the following novelties and trick noisemakers:

l. Snakes or glow worms.

2. Smoke devices.

3. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item.

4. Trick noisemakers, which include party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms.

(2) "SPECIAL FIREWORKS." Fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as "common fireworks."

(IC 22-ll-14-l)

' 9l.02 FIREWORKS DISPLAY; CERTIFICATE OF INSURANCE.

(A) Supervised public fireworks displays are permitted subject to the provisions of IC 22-ll-14-2.

(B) The governing body of the municipality shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not less than $10,000 and to property in an amount of not less than $10,000, by reason of the licensed display, and arising from any acts of the licensee, his agents, employees, or subcontractors. However, the governing body of the municipality may in its discretion require additional amounts of insurance coverage not to exceed $100,000 for damages caused to a person or persons, or $100,000 for damage to property. (IC 22-ll-14-3)

&nb