WHEREAS, the City of West Lafayette has determined that there is an overriding public health and safety concern related to certain breeds of dogs and other animals that are potentially dangerous if not properly restrained or confined;

WHEREAS, proper and secure restraint and confinement of potentially dangerous animals will safeguard life, property and the public welfare of citizens of West Lafayette;

NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEST LAFAYETTE that:

SECTION 1. West Lafayette City Code Chapter 61, is amended to add:

Sec. 61.01. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abandonment. The voluntary relinquishment of possession by the owner with the intention of terminating ownership but without vesting it in any other person.

Animal. All members of the canine, feline and rodent families, also any animal, domestic, domesticated or wild, the keeping or harboring of which might violate any section of this chapter.

At large. Off the premises of the owner while not under the control of the owner or other person by leash, cord, chain or other device of actual physical restraint or under the control of the owner or other person who has the ability to control the animal by voice command.

Nuisance. A condition which arises by an animal emitting noises consistently so as to disturb the peace and quiet of the neighborhood, or who consistently or at intervals, chases bicycles, automobiles or pedestrians on the streets and sidewalks of the city, or any other condition created by an animal which would destroy or deface shrubbery, lawns or flowers, or which might result in the general discomfort of citizens in the community where such animal is harbored.

Owner. Any person, firm, association, fraternal group or corporation owning, keeping or harboring an animal.

Pit Bull Dog means the bull terrier breed; the Staffordshire bull terrier breed; the American Staffordshire terrier breed; the American Pit bull terrier breed; dogs of mixed breed or other breed than above listed which breed or mixed breed is known as or is recognizably similar to a pit bull, pit bull dog, or pit bull terrier; any dog which has the appearance and characteristics of being predominantly of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, and any other breed commonly known as pit bull, pit bull dog or pit bull terrier, or a combination of any of these breeds.

Canary Island Dog means the dog known as the Canary Island cattle dog, the Canary Island dog, Canary Island Mastiff, Canary dog, Perro de Presa Canario, Presa Canario, or mastiff-Canary Island mix.

Rottweiler Dog means the Rottweiler breed, dogs of mixed breed that are recognizably similar to a Rottweiler, and any dog which has the appearance and characteristics of being predominantly of the breed of Rottweiler.

Potentially dangerous animal means any animal which:

(1) has attacked another animal or livestock whether on or off the owner's property; or

(2) has attacked or which has attempted to attack, unprovoked, any human being, whether on or off the owner's property; or

(3) has bitten or scratched any human being, unprovoked, inflicting personal injury; or

(4) has a history documented with a public agency, including but not limited to West Lafayette Animal Control and the West Lafayette Police Department, of biting or attacking humans or domestic animals; or

(5) has a propensity, tendency or disposition to attack, to cause injury or otherwise threaten or endanger the safety of humans or domestic animals; or

(6) has been found to be at large and has been documented to be at large by an animal control officer on three (3) or more separate occasions in a twelve-month period;

(7) is a dog owned, bred or harbored primarily or in part for the purposes of dog fighting, or any dog trained for dog fighting; or

(8) is any type of animal not normally considered domesticated, including but not limited to hybrid wolves, that the animal control officer determines may constitute a danger;

(8) is a "Pit Bull Dog" or a Canary Island Dog or a Rottweiler.

However, no animal shall be considered a potentially dangerous animal if injury or damage is inflicted by that animal upon a person or another animal if such person or other animal, at the time such injury or damage was sustained, was committing a criminal trespass upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. The definition excludes K-9 patrol dogs or police dogs used by law enforcement agencies.

Sec. 61.02 Prohibited animals

(a) The following animals are hereby declared to be dangerous and the keeping or harboring of such animals within the City is prohibited, except as provided is subsection (b) of this section:

         (1) Lions, tigers, bears, leopards, ocelots, jaguars, cheetahs, margays, mountain lions, Canada lynx, bobcats jaguarondi, hyenas, wolves and coyotes; and,

          (2) Any other animal which is inherently dangerous because of the nature of the animal in relation to persons or domestic animals as determined by the City Animal Control Officer.

(b) The animals listed in subsection (a) of the section may be kept in a properly maintained and licensed zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge, only after such animals have been registered with the City's Animal Control Officer.

Sec. 61.03 Licensing and registration of potentially dangerous animals.

(a) No person harboring or having the charge, custody or possession of any Pit Bull Dog, Canary Island Dog, Rottweiler or other potentially dangerous animal as defined in this chapter shall allow such animal to remain within the City unless and until he or she has first secured a license to do so.

(b) A person shall not own a potentially dangerous animal for more than forty-eight (48) hours unless such animal is licensed under this section or an application for licensing of such animal under this section is pending. Persons who may disagree with his or her pet being determined to be a potentially dangerous animal must file a written appeal with the City Animal Control office within forty-eight (48) hours of receiving notification of that designation.

(c) The owner of a potentially dangerous animal shall apply to the City Animal Control office or the City's duly authorized third party for the licensing of the animal. The application shall be on a form provided by the City Animal Control office or the City's duly authorized third party and shall be accompanied by all of the following:

(1) Verification of the owner's name and current address by way of providing a photostatic copy of his or her driver's license or other photo identification;

(2) Proof that the applicant owns the animal;

(3) Proof that the applicant is eighteen (18) years of age or older;

(4) One (1) copy of a registration certificate issued for the animal by the A.K.C. and/or A.D.B.A., if applicable;

(5) One (1) copy of the current immunization and health records for the animal;

(6) Any information known to the applicant concerning vicious or dangerous propensities of the animal;

(7) Prior history of incidents involving the public health or safety involving the animal;

(8) Proof that the applicant has insurance coverage of not less than one hundred thousand dollars ($100,000.00) for any injury, damage or loss caused by the animal;

(9) Two (2) photographs of the animal taken not more than one (1) month before the date of the application. One (1) photograph shall be a front view of the animal and one (1) photograph shall be a side view of the animal;

(10) If the animal was previously licensed under this chapter, the name and address of any previous owner and the number of the most recent license assigned to the animal; and

(11) A licensing fee of fifty dollars ($50.00).

(d) If the applicant provides all the information required by subsection (c), the animal shall be licensed if:

(1) The applicant agrees to inform the City Animal Control office or its duly authorized agent of any notice or cancellation of the required liability insurance within forty-eight (48) hours of such notice or cancellation;

(2) The applicant agrees to inform the City Animal Control office or its duly authorized agent of any change of address, or change or ownership of the animal;

(3) The applicant meets the other requirements under this article for licensing.

(e) Upon licensing of an animal not previously licensed under this article, the City Animal Control office or the City's duly authorized third party shall assign a specific license number of ownership to the animal, without duplication, which number shall remain the same for the life of the animal.

(1) This number may be tattooed on the inside and through the skin of a rear leg of the animal the initial time the animal is licensed under this article. No further tattoos shall be required upon renewal of the license.

(2) Any tattooing shall be done by a veterinarian and shall be made by the use of permanent tattoo ink. The tattoo shall be not less than one (1) inch long and not less than one-quarter (1/4) inch high. The City Animal Control office or the City's duly authorized third party shall issue to the owner or agent of the animal a potentially dangerous animal license in written form which includes the number of the license, license date of issuance and date of expiration.

(3) As an alternative to the tattooing requirements described herein, the owner may elect to have the animal permanently identified by a microchip with such identification being done at the owner's expense.

(f) A durable tag stamped with the license or permit number and year of issuance shall be given along with a sign stating "Beware of Potentially Dangerous Animal" which must be prominently and conspicuously displayed by the owner of the animal where the animal is harbored and clearly visible from the street or alley immediately adjacent thereto.

(g) The City Animal Control's office and/or the City's duly authorized third party shall keep a permanent record of the name and address of the owner or agent of each animal licensed under this article and the number of ownership, name, breed, sex, color, and two (2) photographs of each animal so licensed. The City Animal Control office and/or the City's duly authorized third party shall furnish to any law enforcement agency a true copy of these records upon request.

(h) The City Animal Control's Office or the City's duly authorized third party shall keep the licensing records for animals licensed under this article separate from the records for all other breeds of animals.

(i) All licenses issued under this article shall expire January thirty-first of each year.

Sec. 61.05. Restraining

(a) It is unlawful for any person being the owner of or having immediate custody of any animal whether taxed or untaxed, to suffer or permit such animal to run at large in the city.

(b) All owners shall confine within a building or secure enclosure any dog, cat or other animal when in heat or rutting; and it shall be unlawful for any owner to remove such dog, cat or other animal from such building or enclosure at any time so as to permit contact with another animal except for controlled breeding purposes.

(c) Restraint of potentially dangerous animals.

(1) Generally. All potentially dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel or structure must have secure sides and a secure top attached to the sides or shall be a fenced enclosure of not less than six feet in height. All structures used to confine potentially dangerous animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house potentially dangerous animals must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(2) Restraint indoors. No potentially dangerous animal may be kept on a porch, patio or in any part of a house or structure that would allow the potentially dangerous animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the potentially dangerous animal from exiting the structure.

(3) Leash and muzzle. No person shall permit a potentially dangerous animal to go outside its kennel or pen unless such potentially dangerous animal is securely leashed with a leash made of a non-stretch leash no longer than four (4) feet in length. No person shall permit a potentially dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, or buildings. Additionally, all potentially dangerous animals on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such animals from biting persons or other animals.

Sec. 61.11 Penalties for violation of chapter.

(a) Nothing in this chapter shall be construed to preclude the application and enforcement of any state criminal statute, specifically Indiana Code § 35-46-3-1 pertaining to the harboring of an non-immunized dog.

(b) It shall be unlawful for the owner or keeper of a potentially dangerous animal to fail to comply with the requirements and conditions set forth in this chapter. Any animal found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or keeper to show compliance with this chapter, whichever is shorter.

(c) In addition, any owner or keeper who violates any provision of this chapter shall be fined a minimum of $500.00, with each day that a violation occurs or continues being a separate violation.

Sec. 61.12 Article to be more restrictive.

This ordinance shall be in full force and effect from and after its passage, signing by the Mayor and approval as provided by law.

Office of the Clerk-Treasurer Judy Rhodes