Re: roaming cats

**j* e* m* s* <h*@sbcglobal.net>**

I've written about this topic frequently in my 
20+ years as a columnist, so I've heard all the 
excuses and rationales before.

I'll repeat that I have a dog and a cat. 
Indianapolis/Marion County's laws require all 
animals be under your control...that's hard for 
the pet owners to do when their cats are running 
wild in the neighborhood. You can find if your 
community has leash laws for animals by visiting 
the Web site:
http://www.findlaw.com/casecode/

Click on your state, then scroll down to see if 
your city or town's codes are listed.

My cat was ferel when I picked her up off the 
street eating something dead. She, too, loves to 
go outside, and I allow her out every once in a 
while, usually on a tether, when I'm out working 
in the yard, but I would never allow her out 
there alone or alone on a tether. It's a 
different matter if the cat stays on your 
property...however if it wanders onto mine...not 
good. I feed the birds and maintain a wildlife 
habitat in my landscape.
jems

Indianapolis/Marion County law
ARTICLE I. GENERAL PROVISIONS

Sec. 531-101. Definitions.
As used in this chapter, the following terms 
shall have the meanings ascribed to them in this 
section.
Animal  means any living, nonhuman vertebrate creature.
Animal care and control division  means the 
animal care and control division of the 
department of public safety.
At large  means not confined without means of 
escape in a pen, corral, yard, cage, house, 
vehicle or other secure enclosure, unless on a 
leash and under the control of a competent human 
being.
Colony  means a group of one (1) or more 
free-roaming cats, whether unmanaged or managed.
Colony caretaker  means a person who provides 
food, water and shelter for free-roaming cats in 
a managed colony.
Crime prevention dog  means and includes a dog 
which is trained and used by its owner or keeper 
primarily for the protection of persons or 
property, or both.
Dangerous animal  means any animal that:
(1)   would constitute a danger to human life or 
property if it were not kept in the manner 
required by this chapter; or
(2)   has caused serious injury to a person 
without having been provoked by that person; or
(3)   at a place other than its owner's or 
keepers property has a) chased or approached a 
person in a menacing fashion or apparent attitude 
of attack or b) attacked another domestic animal; 
or
(4)   because of its training or behavior, is 
capable of inflicting physical harm or death to 
humans.
Dog  means and includes animals of the Canis 
familiaris species, and hybrids of a Canis 
familiaris and any other member of the Canis 
genus, including wolves. Domestic animals means 
rabbits, cattle, horses, ponies, mules, donkeys, 
jackasses, llamas, swine, sheep, goats, dogs, 
cats and poultry.
Exposed to rabies  means an animal has been 
exposed to rabies if it has been bitten by or 
been in contact with any animal known or 
reasonably suspected to have been infected with 
rabies.
Free-roaming cat  means any homeless, stray, wild or untamed cat.
Kennel  means a facility operated commercially 
and principally for the purpose of boarding, 
housing, grooming, breeding or training dogs or 
cats, or both. For purposes of this chapter, 
kennel shall not include a facility in or 
adjoining a private residence where dogs or cats 
are kept for the hobby of the owner, lessee or 
other occupant of the property using the animals 
for hunting, practice tracking, exhibiting in 
shows or field or obedience trials or for the 
guarding or protecting of the property, and an 
occasional sale of pups or kittens by the owner, 
lessee or other occupant of the property shall 
not make such property a kennel for the purposes 
of this chapter.
Law enforcement animal  means an animal that is 
owned or used by a law enforcement agency for the 
purpose of aiding in the detection of criminal 
activity, enforcement of laws, the apprehension 
of offenders and ensuring the public welfare.
Managed colony  means a colony of free-roaming 
cats that is registered with the animal care and 
control division or its designee and is 
maintained by a colony caretaker using trap, 
neuter, return methodology.
Monitored  means the animal or dog:
a.   is controlled by means of a leash or other 
device held by a competent person, subject to the 
provisions of sections 531-401 and 531-728, which 
animal or dog is sufficiently near the owner or 
handler as to be under his or her direct control 
and is obedient to that person's command; or
b.   is on or within a vehicle being driven or parked; or
c.   is confined as required by this chapter.
Nonbite exposure  means and includes scratches, 
abrasions, open wounds or mucous membranes 
contaminated with saliva or other potentially 
infectious material from a rabid animal.
Own  means to keep, harbor or have custody, 
charge or control of an animal, and owner means 
and includes any person who owns an animal; 
however, veterinarians and operators of kennels, 
pet shops and stables, as those terms are defined 
in Chapter 836 of this Code, who temporarily keep 
animals owned by, or held for sale to, other 
persons shall not be deemed to own or be owners 
of such animals, but rather to be keepers of 
animals, and colony caretakers of managed 
colonies of free-roaming cats shall not be deemed 
to be owners or keepers of such animals.
Person  means and includes any individual, 
corporation, partnership or other association or 
organization, but shall exclude the following for 
purposes of section 531-401:
(1)   Police officers, federal or state armed 
forces, park rangers, game wardens, conservation 
officers and other such governmental agencies, 
with respect to actions which constitute a 
discharge of their official duties; and
(2)   An individual, partnership, corporation or 
other association, organization, or institution 
of higher education, which is registered as a 
research facility with the United States 
Secretary of Agriculture under 7 USC § 2131 et 
seq., commonly known as the "Animal Welfare Act," 
while engaged in the course of their performance 
as such.
Potentially dangerous dog  means any dog that:
a.   Causes injury to a person or domestic animal 
which is less severe than a serious injury; or
b.   Chases or menances a person or domestic animal without provocation; or
c.   Runs at large in violation of subsection 531-102(c)(2).
Provoke  means the infliction of bodily harm on 
the animal or another person, or conduct that 
constitutes a substantial step toward the 
infliction of bodily harm on the animal or 
another person.
Public safety board  means the board of public 
safety of the department of public safety.
Serious injury,  for purposes of this chapter 
means any injury which results in a broken bone, 
lacerations severe enough to require multiple 
sutures, or to render cosmetic surgery necessary, 
or appropriate or death.
Quarantining authority  means the department of 
public safety, its contractors, agents, employees 
and designees, acting under directives and 
regulations of the Health and Hospital 
Corporation of Marion County or the state board 
of animal health.
Shelter  means the animal care and control 
facility located at 2600 South Harding Street in 
the City of Indianapolis.
Veterinarian  means a person licensed to practice 
veterinary medicine in the state.
Wild animal  means and includes:
(1)   A Class III wild animal for which a state 
permit is required under 310 IAC 3.1-11-8 and/or 
I.C. 14-22-26; and
(2)   A venomous snake, poisonous amphibian, or other large reptile.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 
15, 2000, § 2; G.O. 100, 2005, § 1; G.O. 94, 
2006, § 1)
Cross references:  Definitions generally, ch. 102.

Sec. 531-102. Animals at large prohibited; penalties.
(a)   It shall be unlawful for the owner or 
keeper of an animal to cause, suffer, or allow 
that animal which is owned or kept by such person 
to be at large in the city.
(b)   Except as provided in subsection (c) of 
this section, section 531-501 or section 531-727, 
the first violation in any twelve-month period 
shall subject the owner to an admission of 
violation and payment of a fine of not less than 
twenty-five dollars ($25.00) or greater than 
fifty dollars ($50.00), and all subsequent 
violations in a twelve-month period are subject 
to the enforcement procedures provided in section 
103-3 of the Code and a fine of not less than one 
hundred dollars ($100.00) or a maximum fine ofnot 
more than two hundred dollars ($200.00) per 
violation.
(c)   If, while the animal is at large in 
violation of this section at a location other 
than its owner's or keeper's property, it:
(1)   Attacks another animal; or
(2)   Chases or approaches a person in a menacing 
fashion or apparent attitude of attack;
then the violation shall be subject to the 
enforcement procedures and penalties provided in 
section 103-3 of the Code, and the fine imposed 
shall not be less than two hundred and fifty 
dollars ($250.00), or five hundred dollars 
($500.00) if another animal or person is injured 
as a result of the animal's actions.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 
97, 2004, § 1; G.O. 94, 2006, § 1)

Sec. 531-103. Confinement of female animals in heat.
The owner or keeper of any female animal in heat 
kept in the city shall confine the animal within 
a secure enclosure and in such a manner as to 
prevent it from becoming a nuisance.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)

Sec. 531-104. Keeping swine.
It shall be unlawful for a person to keep swine 
on premises in the consolidated city and county, 
unless such premises are stockyards, 
slaughterhouses, or other premises where the 
keeping or raising of livestock is permitted by 
county zoning ordinances.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 1)

Sec. 531-105. Keeping horses, ponies, mules, donkeys, jackasses, and llamas.
It shall be unlawful for a person to own, keep, 
or breed a horse, pony, mule, donkey, jackass, or 
llama in the consolidated city and county on 
premises which measure less than eight thousand 
(8,000) square feet in a lot area per animal, 
unless such premises are registered as a stable 
under Chapter 836 of this Code.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3; G.O. 94, 2006, § 1)

Sec. 531-106. Report of vehicular collision with domestic animal.
A person whose vehicle causes injury or death to 
a domestic animal in the city shall stop at once, 
assess the extent of the injury to the extent 
that it is safe to do so, and immediately notify 
the animal's owner, if known, or the animal care 
and control shelter, either directly or through a 
local law enforcement agency, together with a 
description of the animal struck, the location of 
the striking and an estimate as to the condition 
of the animal after being struck, along with the 
rabies tag number of theanimal, if it can safely 
be ascertained. Such person shall not be required 
to report his or her name, as the only purpose of 
this requirement is to aid the stricken animal 
and notify its owner, if any.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Cross references:  Traffic, ch. 441; motor vehicles, ch. 611.

Sec. 531-107. Custody and disposition of dead animals.
It shall be unlawful for a person to allow the 
body, or parts thereof, of any dead animal to be 
kept, held, or disposed of in violation of this 
section, as follows:
(1)   No public or private carrier shall either 
transport any dead animal through or into the 
city, or allow it to remain in or on any of its 
cars, vehicles, tracks or places controlled by 
it, in either instance longer than five (5) hours;
(2)   No person who operates a slaughterhouse, 
butcher shop or other place in the city shall 
permit any parts of offal of dead animals that 
are not fit and intended for use as food to 
accumulate or be kept on such premises for over 
twenty-four (24) hours after being received, or 
after the death of such animal;
(3)   No person shall skin, dismember, dissect, 
cut up or dispose of the body of a dead animal, 
or any parts thereof in the city, unless the 
person is regularly engaged in such business of 
killing and disposing of such animals for use as 
food or otherwise, and is so authorized by law, 
or does so for the person's own use; and
(4)   No person shall possess, keep, use or 
dispose of anywhere in the city, a dead animal or 
parts thereof, or offal of a live animal in any 
manner that creates offensive odors or sights, or 
constitutes a public nuisance which affects 
health and comfort in any respect.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Cross references:  Garbage, trash and refuse, ch. 601.

Sec. 531-108. Disposition of dead animals by the city.
The city department of public works upon request 
may provide to persons or entities the service of 
picking up dead animal bodies and body parts and 
the lawful disposition of them. When the city 
department of public works picks up dead animal 
bodies or parts from places other than the city 
streets and rights-of-way, it shall charge a fee 
of six dollars ($6.00) per separate body part for 
this service.
(G.O. 30, 1998, § 1; G.O. 169, 1999, § 3)
Cross references:  Garbage, trash and refuse, ch. 601.

Sec. 531-109. Owner responsibility for animal attacks.
(a)   It shall be unlawful for an owner or keeper 
of an animal to allow that animal to attack and 
injure a person who did not provoke the animal 
prior to the attack.
(b)   It shall be a defense to prosecution under this section if:
(1)   The attack occurred in an enclosure in 
which the animal was confined without means of 
escape, there was posted at the main entrance of 
the enclosure a notice to beware of the animal, 
and the person attacked entered the enclosure 
without invitation; or
(2)   The person was attacked during the 
commission or attempted commission of a criminal 
act on the property of the owner or keeper of the 
animal.
(c)   A person who violates any provision of this 
section shall be punishable as provided in 
section 103-3 of this Code; provided, however, a 
fine imposed for any such violation shall not be 
less than five hundred dollars ($500.00). If the 
violation results in the animal causing serious 
bodily injury to any person, the court upon 
request shall order the animal forfeited and/or 
destroyed.
(d)   The liability imposed by this section shall 
not reduce, substitute for or in any manner be 
deemed to be in derogation of the rights accorded 
victims of dog bite injury or property damages as 
provided for at I.C. 15-5-12, et seq. or by 
common law.
(G.O. 97, 2004, § 2; G.O. 94, 2006, § 1)

><Barn and estate cats are a different matter, I think. They are needed to
>keep grains, large animal housing, etc. sanitary. But farmers usually
>have enough property that their outdoor cats don't find it necessary to
>use neighbor's flower beds and window boxes as litter pans.>
>
>Now this is an interesting slippery slope you have embarked down. So you
>would advocate my cats stay inside while the barn cats at the dairy farm 300
>yards up the street from me or the others at the goat farm right across the
>street from me, can roam free, goading my cats through the windows, killing
>the birds that venture into their yard? This is so insensible it's almost
>funny.
>
>The animal control people in our town (all 64 square miles of it, the
>largest town in this state) have their hands full dealing with the regular
>gamut of issues. Dog leash law enforcement is very low on their to-do list.
>Pass all the cat leash laws some city slicker utopian minds can come up
>with, I'd bet they won't be enforced by any agencies around here or in most
>towns.
>
>I am sympathetic to the declining song bird issue, so let's advocate an
>effective strategy for reversing that: habitat protection, serious and
>radical development limitations, and educating the species that is doing 99%
>of the damage: humans. Blaming cats is a distraction, IMHO.
>
>Growing up we had an outdoor cat that was forced to live indoors  - she was
>miserable for the rest of her life. Cat's are hunters more than anything
>else, not toys or entertainment for us. It's nice that we can live together
>when we can, but crippling them by ripping out their claws or forcing them
>to live indoors for their entire existence changes them into something other
>than what they were meant to be for our personal convenience.  Controlling
>feral cats is another issue entirely.
>
>Sorry for the rant.
>
>Rich
>
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-- 
Jo Ellen Meyers Sharp
Garden writer, author, photographer
Region III Director Garden Writers Association
Phone: (317) 251.3261
Fax: (317) 251.8545
E-mail: hoosiergardener@sbcglobal.net
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