Alexandria, Indiana

§ 90.002 DEFINITIONS.

AMATEUR BREEDER. Any person or entity, while not a licensed commercial animal establishment, allowing a dog or cat under his, her, or their control to breed with another and does not immediately give the offspring to an animal shelter or to animal control.

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COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, grooming salon, auction, riding school or stable, zoological park, circus, performing-animal exhibition, or kennel.

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KENNEL. An establishment wherein any person or any person who otherwise engages in boarding, breeding, buying, fostering, keeping, letting for hire, training for a fee, or selling dogs and/or cats. Anyone keeping more than a total of four or more unaltered dogs and/or cats six months of age shall be deemed a KENNEL OPERATOR. Specifically excluded are groups of cats all of which are altered and all of which are confined to the owner’s premises.

§ 90.010 SPAYING AND NEUTERING.

(A)   Any dog or cat adopted from the AAS must be spayed or neutered by a registered veterinarian at the expense of the adopting person.

(1)   If the dog or cat is an adult, such operation shall be scheduled to be performed within 14 days of the adoption.

(2)   If the dog or cat is young, it shall be neutered by the veterinarian by the age of six months.

(B)   Any dog or cat not so neutered/spayed within those time periods in division (A)(1) and

(A)(2) above shall be reclaimed by the ACO without refund to the adopter except if a registered veterinarian should determine the animal is physically unable to undergo such an operation within said time limitation. Then, in such case, the animal is to be neutered/spayed as soon as the veterinarian determines it is able.

§ 90.060 PERMIT REQUIRED; REGULATIONS TO BE PUBLISHED.

(A)   No person shall operate a commercial animal establishment, kennel, or animal shelter, except for the AAS, without first obtaining a permit in compliance with this subchapter. Every physical facility regulated by this subchapter shall be considered a separate enterprise and require an individual permit.

(B)   The ACO, with the approval of the Common Council, may publish regulations for the issuance of permits and may include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. Such regulations may be amended, modified, or revoked from time to time by approval of the Common Council.

§ 90.062 KENNEL PERMITS, FEES, AND REQUIREMENTS.

(A)   Kennel permits required.

(1)   No person shall operate a kennel without first obtaining a permit in compliance with this subchapter. Each facility regulated by this subchapter shall be considered a separate enterprise and shall require an individual permit.

(2)   The applicant must apply to the Zoning Board of Appeals for a special exception to operate kennels on his or her property. The applicants must meet all of the requirements for a kennel. Then, the applicant must submit a full set of prints showing kennel sites, construction of kennels, and location of kennels on site plans for approval of the Zoning Board.

(3)   After the kennel is approved by the Zoning Board, the applicant must submit the approved form to the Clerk-Treasurer for the proper kennel license. The licenses are good for the calendar year in which they are written for the person or persons receiving approval and must be renewed by January 31 of the following year. The special exception is good for the person(s) to whom it is written only, and change of ownership requires a new kennel license.

(B)   Kennel permit fees.

(1)   Kennel permit fees are based on current state-approved amounts and/or as set by City Council from time to time.

(2)   No fee shall be required of any veterinary hospital, animal shelter, or government- operated zoological park or laboratory.

(C)   Requirements.

(1)   All kennels will be kept in a sanitary condition.

(2)   Dog runs will be hard surfaced for easy cleaning.

(3)   All animals will be separated except for mating or tending young.

(4)   Kennels with less than 15 animals over the age of four months shall be separated from nearest residence or business by not less than 200 feet.

(5)   Kennel with over 15 but less than 50 animals over the age four months shall be separated from nearest residence or business by not less than 300 feet.

(6)   Kennels with over 50 animals shall be separated from the nearest residence or business by not less than 400 feet.

§ 90.064 REVOCATION OF PERMITS.

(A)   The ACO shall provide a 15-day notice to the owner prior to revoking such permit. After such time, the permit shall be revoked and all the animals owned, kept, or harbored by such person shall be humanely disposed of by either the person or the ACO, and no part of the permit fees shall be refunded.

(B)   It shall be a condition of the issuance of any permit to a commercial animal establishment that the ACO shall be permitted to inspect all animals on the premises where animals are being kept at any time and shall, if permission for such inspection is refused, immediately revoke the permit of the refusing owner.

(C)   If the applicant has withheld or falsified any information on the application, the Clerk- Treasurer shall refuse to issue the permit.

(D)   No person who has been convicted of cruelty to animals or its legal equivalent shall be issued a permit to operate a commercial animal establishment.