§ 4-12. Domestic animals creating a nuisance.

(a)

It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a nuisance by running at-large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing upon private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually, or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance.

(b)

For the purpose of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one month; except that barking habitually, or making other objectionable animal noises habitually, means making the sound persistently or continuously for at least thirty (30) minutes occurring at least three (3) separate times within a period of no more than eight (8) hours. For the purposes of this section, "persistently" or "continuously" shall mean nonstop utterances for thirty (30) consecutive minutes with interruption of less than thirty (30) seconds at a time during the thirty (30) minute utterances.

(1)

The prohibition against barking habitually, or making other objectionable noises habitually shall not apply between the hours of 7:00 a.m. and 10:00 p.m. to commercial boarding kennels which are in compliance with the Marion County Land Development Code.

(2)

This subsection shall not apply to domestic animals on land zoned for agricultural purposes.

(c)

An owner of any animal, upon the death of such animal, shall dispose of the carcass by burying the carcass at a sufficient depth, of at least two (2) feet below the surface to prevent predators from exhuming the carcass, or by recognized alternate methods of disposal such as cremation, or rendering. An owner shall not dispose of the carcass of any animal by dumping such carcass on any public or private property.

(d)

The animal control officer may cite the owner or any person having custody of such animal(s) for violation of this section when either the citing animal control officer has witnessed the commission of such habitual nuisance or the animal control officer has received at least one sworn affidavit from each of at least two (2) unrelated adult witnesses from different residences so that taken together, the affidavits attest to the committing of a nuisance pursuant to this section.

(e)

A subsequent violation of this section occurring ten (10) or more business days after a previous citation for violation of this section shall be considered a separate and distinct violation.

(Ord. No. 11-55, § 1, 10-18-11; Ord. No. 16-34, § 1, 10-4-2016; Ord. No. 18-21, § 1, 8-7-2018)

Editor's note

See editor's note for § 4-11.