Jennings County, Indiana

§ 90.01 DEFINITIONS.

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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KENNEL.

(1)   Property or a facility which:

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(b)   Produces two or more litters per year issuing from dog or cat owned, kept or harbored therein; or

(c)   Offers for sale dogs or cats from two litters or more issuing from dogs or cats owned, kept or harbored therein.

§ 90.05 RESTRAINT, CONTROL AND CONFINEMENT.

(B)   Female dog in heat.

(1)   Any female dog in heat shall be confined in a building or some enclosure in such a manner that the female dog in heat cannot come into contact with a male dog, except for planned breeding.

(2)   Notwithstanding division (A) above, an owner or person having custody or control of any female dog not so confined commits a Class B ordinance violation. Provided that if the animal is an at-large dog which has not been spayed and is over the age of six months, the violation is a Class A ordinance violation. Provided further that if, within 30 days of the commission of a Class A ordinance violation pursuant to this section, the owner or person having custody or control of the dog submits to an Animal Control Officer a receipt or a verified statement from a licensed veterinarian that the dog has been spayed, the violation will be reduced to a Class B ordinance violation.

§ 90.08 KENNELS AND COMMERCIAL DOG BREEDING.

(A)   Licenses.

(1)   A license is required to operate as a commercial kennel. Each kennel operated shall be considered a separate enterprise and each enterprise shall have a kennel license.

(2)   A license shall be issued when the applicant complies with all laws and regulations pertaining to the issuance of licenses and pays the required kennel licensing fee. No license shall be issued to any kennel unless it is in compliance with all applicable zoning requirements.

(3)   A license is valid for 12 months from the date of issuance and may be renewed in accordance with this chapter.

(4)   The license shall be prominently displayed on the premises of the licensed kennel.

(5)   The application for a kennel license must contain a statement that the applicant agrees to comply with standards set forth herein, agrees to allow inspections by Animal Control Officers of the animals and premises, and whether or not the applicant has ever been found to have committed any offense related to animals.

(6)   No license to operate a kennel shall be issued to anyone who has been convicted of cruelty to animals.

(7)   Licenses issued on the basis of false information supplied by the applicant shall be revoked and operation of the subject kennel shall be terminated upon revocation of the license.

(8)   The Animal Control Officer, or such other agency or person it may designate, shall be the agency to issue, or cause to be issued, licenses, maintain records and conduct and enforce the provisions of this chapter.

(9)   All notices to the public, including but not limited to, classified advertisements, fliers, posters and all other media, of animals for sale shall contain the license number of the kennel license required and issued under this chapter.

(10)   All records of sale shall show the kennel license number of the seller.

(11)   Kennel fees shall be paid through the county Animal Control Office, which must approve the establishment and operation of kennels pursuant to county ordinance. Payment shall be tendered to the Animal Control Officer at the time application is made to the Animal Control Office for establishment or operation of a kennel, and upon its approval to establish or operate, the Animal Control Officer shall deposit the kennel fees in the Animal Management Fund. If establishment or operation of a kennel is not approved by the Animal Control Office, the tendered payment shall be returned to the applicant.

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(D)   Standards for facilities.

(1)   For the regulation of kennels, the county hereby adopts the United States Department of Agriculture standards for the humane handling, care and treatment of dogs. Copies of those standards may be obtained from the Animal Control Officer.

(2)   To be eligible for a permit, a kennel must meet the standards set forth by the United States Department of Agriculture for the humane handling, care and treatment of dogs.

(3)   Any violation of this section constitutes a Class B ordinance violation, and each day the violation continues shall constitute a separate violation. Violations may also result in suspension or revocation of the license to operate a kennel.

(E)   Inspection of animals and premises.

(1)   As a condition of obtaining or keeping a permit to operate a kennel, the licensee shall allow any Animal Control Officer, without prior notice, to inspect all facilities and animals therein at any time during the business hours of the kennel.

(2)   The licensee, his agents and employees, shall render such reasonable assistance to the Animal Control Office engaged in such inspection as may be required to enable the officer to perform his or her duties. The licensee shall furnish the facilities and assistance necessary to restrain domestic animals in order that the inspection may be accomplished. The licensee shall furnish the facilities necessary to allow the officer to conduct any necessary tests and fill out all papers and forms required in the discharge of his or her duties.

(3)   Refusal to permit such an inspection or interference with such an inspection shall result in the immediate revocation of all licenses to operate a kennel held by the licensee.

(F)   Selling/transfer of animals.

(1)   It is the duty of the seller to ensure that all animals sold or otherwise transferred are healthy, parasite, free, and current with regard to vaccinations at the time of sale or transfer. No animal with disease, injury, or lacking required vaccinations will be sold or transferred without full disclosure to the buyer.

(2)   No dog under the age of eight weeks shall be sold or transferred, unless sold with its dam.

(3)   Records of all sales or adoptions of animals shall be maintained by the person selling or allowing the adoption for a period of two years. Records shall include the date of the transaction, species and breed, date of birth, sex, color and description of the animal, the name and address and telephone number of the purchaser or adopter. Records shall be available to any Animal Control Officer upon his or her request.

(4)   A violation of this section constitutes a Class B ordinance violation. A violation of this section may also result in the loss of kennel license for an indefinite period of time.