Brazil, Indiana

§ 93.14 REGISTRATION AND NAME TAGS.

(A)   Registration and name tag required.

(1)   All dogs and cats must be registered with the city.

(2)   Applications for registration will be available at the Mayor’s office or at any place the Mayor so designates them to be available.

(3)       (c)   The cost to register a single animal is as follows.

1.   The cost to register shall be $10 for unaltered dogs or cats.

2.   The cost to register altered dogs or cats shall be $5.

(d)   If an owner registers multiple dogs and/or cats at one time the cost shall be as follows.

1.   The cost to register shall be $8 for unaltered dogs or cats.

2.   If the owner can provide documentation, the cost to register altered dogs or cats shall be $4.

§ 93.19 KENNEL/CATTERY PERMITS.

(A)   Any person owning or harboring more than one unaltered dog or one unaltered cat over the age of six months must apply for a kennel/cattery permit. At no time shall the number of dogs exceed four, the number of cats exceed six or the total number of dogs and cats exceed six at one residential property.

(B)   A kennel/cattery may not be kept on the same lot as a residential home. Animals kept as part of a kennel/cattery must be kept in a separate lot adjacent to a residence.

(C)   Any person engaging in the business of breeding, buying, letting for hire, training for a fee or selling cats or dogs must apply for a kennel/cattery permit.

§ 93.21 KENNEL/CATTERY PERMIT PROCEDURES AND FEE.

(A)   Any person, group of persons, partnership or corporation shall submit and complete an application with the Clerk-Treasurer. Except as provided in § 93.19(E), the location of the kennel/cattery shall only be placed in/on property zoned for local business use.

(B)   Applications for kennel/cattery permits will be available at the Mayor’s office or at any place the Mayor so designates them to be available.

(C)   Applications must be filled out and submitted to the Common Council for approval. In addition to the application, the applicant must also submit written approval from all neighbors within a one block radius of the proposed kennel/cattery. The kennel/cattery must comply with all standards as set forth under this chapter.

(D)   Once an application for a kennel/cattery permit is approved, the Clerk-Treasurer will issue a permit for same.

(E)   Any person, group of persons, partnership or corporation who obtains a permit under this section shall pay, except as provided in § 93.19(E), an application fee of $100 annually to the Clerk-Treasurer.

§ 93.22 INSPECTIONS.

(A)   Any person, group of persons, partnership or corporation subject to the requirements of §§ 93.19(A), (B) or (C), 93.21 or 93.23 shall be subject to the right of inspection by the Animal Control Officer for a minimum of one inspection and a maximum of four inspections annually to determine compliance with this chapter. The inspections may be made in accordance with the provisions of division (C) below.

(B)   Any person, group of persons, partnership or corporation subject to the requirements of §§ 93.19(E) or 93.20 may be subject to the right of inspection by the Animal Control Officer for a minimum of one inspection annually, to determine compliance with those sections. The inspections may be made in accordance with the provisions of division (C) below.

(C)   Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter, or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or state law, the Animal Control Officer, Health Officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or any state law; provided, that:

(1)   If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining reasons therefor; and

(2)   If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor.

(D)   In the event the Animal Control Officer, County Health or police officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property.

§ 93.23 APPEAL; DENIAL OR REVOCATION OF PERMIT.

(A)   Any person, group of persons, partnership or corporation that is subject to this chapter, whose permit is revoked shall have at least 48 hours to correct any deficiencies before any revocation of permit.

(B)   Any person, group of persons, partnership or corporation who is denied a permit or whose permit is revoked may appeal the denial or revocation to the Board of Public Works and Safety within 14 days of the date of the denial or revocation of the permit.

(C)   All requests for appeals must be in writing and addressed to the Mayor, whereupon the Mayor shall set the appeal for hearing within 30 days of the receipt of the written request.

§ 93.99 PENALTY.

(C)   Any person, group of persons, partnership, or corporation who violates any of the provisions of §§ 93.19 through 93.22 shall be subject to a civil penalty of $250 for the first offense and $500 for the second and all subsequent offenses.