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91.16 Humane Care of Animals
91.16 HUMANE CARE OF ANIMALS
(a) Human Treatment of Animals

(1) An owner of an animal

(A) Shall provide his or her animal with:

 
(i) Wholesome, nutritious food and adequate water and fresh air compatible with that animal’s biological requirements to maintain body weight and hydration.
 
(ii) Shelter and protection from adverse weather (heat, cold, wind, rain, snow) of such design that the animal(s) can be completely dry and out of the wind, can heat the enclosed space with its own body heat, has adequate ventilation to provide fresh air.
 
(iii) Veterinary care when needed for an animal that is ill or injured.
 
(iv) Living space of such size and design that the animal(s) can move around and not be forced to sit, stand or lie in its own excrement or in mud or puddles.
 
(v) If tied, the animal shall be restrained by a comfortable fitting buckle collar or harness. The tie shall be of such length as to allow the animal(s) access to its food, water and shelter, and ability to move around, but in no event shall the tie be less than three (3) times the body length of the dog or ten (10) feet, whichever is greater.
 
(B) Shall not abandon or neglect his or her animal.
 
(2) Torture, mutilation, or killing an animal
 
(A) No person shall knowingly or intentionally:
 
(i) Torture, beat or mutilate an animal resulting in serious injury to the animal, or
(ii) Kill an animal.
 
(B) Defense
 
It is a defense to a violation of the preceding subsection that an accused person reasonably believed that the conduct or action in question was necessary to:
 
(i) Prevent injury to the accused person or another person.
 
(ii) Protect the property of the accused person from destruction or substantial damage; or
 
(iii) Prevent a seriously injuredor seriously ill animal from prolonged suffering.
 
(3) Destruction of an animal is authorized under this section only if the animal is destroyed by a veterinarian, the Animal Services Officer, or an approved animal shelter under acceptable veterinary practices after it has been determined by the veterinarian or animal shelter that it is in the best interest of the animal that it should be destroyed.
 
(b) Impoundment
 
(1) A law enforcement officer or any other person authorized to enforce the provisions of this section or to impound animals may take custody of the animal if he or she has probable cause to believe:
 
(A) That there has been a violation of this section.
 
(B) That the animal is being exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial threat to the animal.
 
(2) The animal shall be properly cared for pending disposition of charges under this section.
 
(3) If the owner requests, a hearing shall be held before the Board of Public Works and Safety to determine if the animal should be returned to the owner. If the Board determines that probable cause does not exist to establish the conditions of this section, the Board shall order the animal returned to its owner. Notwithstanding a finding that probable cause does not exist, the Board, in its discretion, may return the animal to its owner with the imposition of reasonable requirements as may be necessary to insure future compliance by the owner with this section.
 
(4) If a person is determined to be in violation of this section, the Court or the Board of Public Works and Safety may impose the following additional penalties against the person:
 
(A) A requirement that the person pay the cost of caring for the animal involved in the offenses that are incurred during a period of impoundment authorized under this section.
 
(B) An order terminating the person’s right to possession, title, custody or care of an animal that was involved in the offense, if the Court or the Board of Public Works and Safety find that the animal may continue to be exposed to hazardous or inhumane conditions so as to pose a public nuisance or substantial threat to the animal.
 
(5) If a person’s right to possession, title, custody or care of an animal is terminated under the preceding subsection (4)(B) of this section, the Court or the Board of Public Works and Safety may award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals.
 
(c) Exceptions from Ordinance
 
Except as provided for in subsection (a), the provision of this section do not apply to the following:
 
(1) Fishing, hunting, trapping or any other conduct authorized under I.C. 14-2.
 
(2) Conduct regarding livestock authorized under I.C. 15-5-7.
 
(3) Veterinary practice authorized by standards adopted under I.C. 15-5-1.8.
 
(4) Acceptable farm management practices.
 
(5) Conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act I.C. 16-6-5, and rules adopted under I.C. 16-6-5, for state or federally inspected livestock slaughtering facilities.
 
(6) A research facility registered with the United States Department of Agriculture under the Animal Welfare Act.
 
(7) Conduct which is otherwise authorized by a duly adopted ordinance of the City of Richmond or statute of the State of Indiana or the United States.
 
(d) It shall be a violation of Richmond Code for any person to intentionally provoke or tease an animal.
 
 
(e) ANIMALS AND VEHICLES
 
No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
 
(f) INJURY CAUSED BY A MOTOR VEHICLE TO ANIMALS
 
Any person operating a vehicle who causes injury or death to an animal shall stop at once, assess the extent of injury, and immediately notify the owner, police department, or the Animal Services Officer of the location of the animal.
 


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